The 10th U.S. Circuit Court of Appeals this month reinstated a lawsuit by animal rights activist Eric Ward that challenges a Utah state hate crimes statute.
Ward was arrested in 1999 and charged with misdemeanor disorderly conduct after he set fire to a mink stole outside of a fur store. But prosecutors used Utah’s hate crimes statute to increase the charge to a felony.
The felony charge was dropped in 2000 and Ward in turn sued the state challenging the constitutionality of the hate crimes statute. A lower court dismissed Ward’s lawsuit arguing that since he had never been prosecuted under the law that he did not have legal standing to bring a challenge to the law.
But 10th U.S. Circuit Court of Appeals agreed with Ward that since he planned to participate in future such protests, he had a reasonable fear that he might be charged again in the future under the hate crimes statute which was enough to grant him standing.
Ward’s challenge to the hate crimes statute will now be taken up by the U.S. District Court in Utah.
Source:
Appeals court reinstates suit against Utah hate-crime law. Associated Press, March 10, 2003.