In September, U.S. District Judge Dale Kimball ruled that a Utah hate crimes law challenged by an animal rights activist was constitutional.
Animal rights activist Eric Ward challenged the constitutionality of the law after he was charged with violating it back in November 1999. Ward set fire to a mink stole outside the home of the owners of a Salt Lake City, Utah, fur store.
Ward was charged with two counts of disorderly conduct which would normally be misdemeanors. Prosecutors, however, used the hate crimes law to bump the charges up to felonies. Both felony charges were later dropped and Ward was sentenced to 2 days in jail, 250 hours of community service and ordered to pay a fine of $1,850.
Passed in 1992, Utah’s hate crimes statue has generally been viewed by Utah courts as unconstitutionally broad since it does not define any specific classes of victims, but rather allows hate crime prosecutions to be brought whenever an person attempts to intimidate or terrorize an another in order to prevent the victim from exercising his or her constitutional or civil rights. Ward and his lawyer argued that this unconstitutionally impinged on Ward’s First Amendment rights.
Judge Kimball rejected that line of reasoning, writing,
There is no substantial overbreadth given the penalty enhancement nature of the statute. Under the statute, not only must the person commit an underlying offense during the protest or demonstration, but he must commit that offense and commit an act which causes the victim to fear for his physical safety or which damages the property of that person or another.
Sources:
Utah hate-crime law constitutional, judge rules. Angie Welling, Deseret Morning News, September 25, 2003.
Hate Crime Law Ruled Constitutional. Associated Press, September 27, 2003.