More-inclusive law, better response can help deter hate crimes
In 1989, Florida became one of the first states to enact a hatecrimes law. But this law has a number of longstanding gaps. For instance, a hate crime cannot be charged if a victim is targeted because he or she is paralyzed or blind, or has another physical disability. It’s time for a comprehensive hate-crimes law that protects all Floridians, which the Legislature can accomplish by enacting Senate Bill 1512 and House Bill 1413.
A hate crime also cannot be charged in Florida if the victim is intentionally targeted because of gender or gender identity. And the hate crimes law does not cover “mixed-motive” hate crimes. So for example, if a perpetrator involved in a fenderbender assaults the other driver while yelling racial epithets and angry remarks about the accident at him or her, a hate crime cannot be charged. The bills filed by Sen. Kevin Rader and Rep. Sharon Pritchett for the 2017 legislative session would fix all these gaps in the law.
As a refresher, hate-crime laws are more than just a vehicle for increasing sentences for criminals who target victims based on race, religion or other personal characteristics. They also provide a way for society to recognize that these crimes strike special fear within victimized groups, fragment communities, and tear at the very fabric of our democratic way of life.
Every major police organization in the country has supported hate-crime laws — because they understand the special impact of these crimes. The FBI has been collecting hate-crime data from the 18,000 police agencies across the country since 1990. In 2015, the most recent FBI data available, 5,850 hate crimes were committed nationally — almost one every 90 minutes of every day.
Despite the unique societal impact of hate crimes and decades of data demonstrating the utility of these laws, some policy opponents argue that hate-crime laws punish thought or religious speech. Not true. Americans are free to believe and say whatever they want. Hate crimes punish criminal acts, such as aggravated assault or vandalism. Just as in any criminal case, hate-crime laws require a bias motive to be proved beyond a reasonable doubt. Indeed, the Florida Supreme Court in 1994 upheld the state’s current hate-crimes law against a First Amendment challenge. And the year before, the U.S. Supreme Court unanimously upheld hatecrime laws in a similar constitutional challenge.
Others may wrongly argue that hate-crime laws provide special rights for certain minorities. But such laws are color blind. Florida’s current law covers victims whether in the minority or majority — by covering crimes when the victim is targeted because of race, religion, sexual orientation or other personal characteristics.
In fact, 2015 FBI national hatecrime statistics reflect that 22.5 percent of race-based hate crimes were against white people, 13 percent of religious-based hate crimes were against Christians, and 1.8 percent of sexualorientation-based hate crimes were against heterosexuals.
It would be naïve to think that racism and bigotry can be legislated away. However, strong, inclusive hate-crime laws, and effective responses to hate violence by public officials and law-enforcement authorities, are essential components in deterring and preventing these crimes. When hate crimes are committed, condemnation by civic leaders and hate-crime charges can bring a measure of dignity and closure to victims, as well as the victims’ communities.
Now is the time for Florida to move forward with a comprehensive hate-crimes law. In 2015, we witnessed a 39.7 percent increase in hate crimes in Florida. Post-election there has been a spike in hate crimes, including 18 bomb threats called into Florida Jewish institutions.
All Floridians deserve the protection of the state hatecrimes law. The Legislature needs to stand resolute against hate by enacting SB 1512 and HB 1413.