City Council rejects anti-hate crimes bill

By Michele Leivas

The Jacksonville City Council rejected a bill that would have increased fines and penalties for city ordinance violations if they were deemed to be related to hate crimes.

Bill #0334 was defeated on a 12-7 vote at the Aug. 13 city council meeting, with councilmembers Michael Boylan, Matt Carlucci, Tyrona Clark-Murray, Ju-Coby Pittman, Reggie Gaffney, Jr., Rahman Johnson and Jimmy Peluso voting in favor.

Since its introduction in the spring, the bill had sparked conversations regarding what constitutes a hate crime – and who would make that determination – as well as concerns regarding potential limits on constitutionally protected free speech. Among the bill’s amendments were those designed to clarify that the increased fines and penalties would pertain to infractions that promoted “animosity, hostility or malice” to the point of endangering a person or their property.

At the Aug. 13 meeting, citizens on both sides of the issue spoke passionately about the proposed bill. Resident Hudson Horne commented that the bill didn’t need amendments but to be dropped altogether.

“We actually do have ordinances on our books already that criminalize speech that’s genuinely threatening and harassing towards people, so a bill like this isn’t even necessary,” Horne said. “I wish we could just outlaw hate speech, that would be great. The problem is that people throw around (that term) baselessly and condemn ideas and people that they disagree with.”

Ray Walker disagreed, saying the level of violence in some parts of Jacksonville warranted the stiffer penalties, which could act as a deterrent.

“Some of y’all don’t live anywhere near that violence, you don’t even go there,” Walker told the city council. “That’s why you’re against (the bill).”

Peluso, one of the bill’s co-sponsors, said he was disappointed by the bill’s defeat, but “not horribly surprised.”

“Of course, no one’s saying that this is a hateful city, by any means,” Peluso said after the vote. “What we are saying is, let’s ensure that we have some real teeth and a unified voice saying we do not want any senseless, hateful actions in our city, and I’m disappointed we didn’t see that tonight.”

Johnson, another co-sponsor, said that while there are currently no plans to reintroduce the bill, he would consider it.

“I do think it’s a bill that was vetted pretty thoroughly and all of the committees worked diligently to include amendments to make the bill palatable and certainly gave it a lot more teeth …” he said. “So, I do believe that if it were reintroduced, that I would support it.”

Johnson had introduced a successful amendment to name the bill after Johnnie Mae Chappell, the victim of a racially motivated shooting in Jacksonville in 1964. While the bill failed, Johnson said he was gratified by the awareness it had brought to Chappell, whose story he said had been lost to history.

“I think we often focus too much on what didn’t happen,” Johnson said. “I’m disappointed that my colleagues didn’t see fit to let people in so many underserved communities know that they’re seen, they’re heard and they matter, but what we did have was a conversation that opened minds.”

That conversation has led to pending legislation for the installation of a historical marker at the spot where Chappell was murdered. Councilmember Nick Howland said he is currently working with the Office of General Counsel on the legislation for that historical marker.

“I hope that this community conversation fostered something strong, important and beneficial for our community,” Howland said, “that we can learn from and continue to progress.”