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278285 • WHJIT�E CITY CLERK �Q-1Q� ClCLYARY � DEPARTMENT COLIICll Vr�vrv BLUE - MAYOR GITY OF SAINT PAUL File NO. ` O r Zn� Ce Ordinance N 0. / l� � Presented By Leonard W. Levine � Referred To Committee: Date Out of Committee By Date An ordinance adding a new section relating to racial and religious oriented crimes to the St. Paul Legislative Code. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the St. Paul Legislative Code be and is hereby amended so as to add the following thereto: "CHAPTER 292 . OFFENSES DIRECTED TO RELIGIOUS BELIEFS AND RACIAL ORIGINS. 292 .01. Whoever, intentionally or in reckless isregard of so doing, puts another in fear of immediate bodily harm or death by placing on public or private property a symbol, object, appellation, characterization or graffiti, including but not limited to a burning cross or Nazi swastika, which is reasonably understood as communicating threats of harm, violence, contempt or hatred on the basis of race, color, creed or religion commits an assault and shall be guilty of a misdemeanor. 292 .02. Whoever places on public or private property a symbol, object, appellation, character- ization or graffiti, including but not limited to a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of COUI�iCILMEN Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon snowa�ter A gai n s t By Tedesco �Ison Adopted by Council: Date Form Approved by City Attorney ✓Giu� �'Yl c� Certified Passed by Council Secretary BY �P��-� By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY �WHITfy,• '- CITY CLERK �[�� PI�IK ,y FINANCE x BLg7lERY - MAYORMENT GITY OF SAINT PAUL F le ci1N0. �� Ordin�znce Ordinance �`I 0. /(�(� 7 � Presented By Referred To Committee: Date Out of Committee By Date Page 2. race, color, creed or religion coc�units disorderly conduct and shall be guilty of a misdemeanor. 292 .03. Whoever intentionally defaces or dama.ges, w tlzout the consent of the owner or lawful possessor, any public or private property, including but not limited to property used for religious, educational, residential, memorial, charitable or cemetery pur- poses or for assembly by persons of a particular race, color, creed or religion by placing thereon a symbol, object, appellation, characterization or graffiti, including but not limited to a burning cross or Nazi swastika, which is reasonably understood as communicating threats of harm, violence, contempt or hatred on the basis of race, color, creed or religion commits religious or racial vandalism and shall be guilty of a misdemeanor." Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUNCILMEN Requested by Department of: Yeas Nays � Hunt �evine [ri Favoi Maddox JMeMshen �� Against BY � wison � 27 1�L Form Approved by City Attorney Adopted by Council: Date Certifie P d by ouncil S eta BY "��'Q' ��— By App by Mayor: at .. �R � � ��Z Approved by Mayor for Submission to Council BY � BY PUSLISHED MAR 2 0 1982 . � ��,a�.� � � � .��._�� CITY OF SAINT PAUL .__,� ' :t� .. OFFICE OF TAE CIrt`Y COUNCIL �M'�I Q!/N4'ix . �!9'"AR4A?]")^%1 '.Z'��'s"'�C°,`�'"` LEONARD W. LEVINE Councilman ' I am introducing today an ordinance called the "Religious, Racial , and Ethnic Acts of Malice Law" , which will make it a misdemeanor for any person to intentionally or in reckless disregard � put another person in fear of immediate bodily harm or death by � placing on public or private property a symbol , object, appellation, characterization, graffiti , a burning cross, or Nazi swastika. In addition, whoever places such a symbol or object and knows or has reasonable grounds to know it will arouse anger, alarm, or resentment in others on the basis of race, color, creed, or religion will also � be guilty of a misdemeanor. And finally, whoever intentionally defaces or damages any public or private property with such symbols, objects, graffiti , including but not limited to a burning cross or � Nazi swastika, also shall be guilty of a misdemeanor. Recent reports shaw that many such episodes of vandalism have increased significantly enough in the past 12 months as to be serious reason for concern. Businesses owned by Asians new to this city have been the targets of repeated harassment. Vandalism has occurred at an Eas� Side church attended primarily by Koreans. Desecration has occurred at Native American buildings and grounds . where activities of a religious nature have been held. � The Black and Hispanic corr�nunities have been the victims of numerous incidents of harassment, particulariy on re`s�idential property. We have also seen a substantial increase in the number of episodes of vandalism directed mainly against residential Jewish property. CITY �TAI_L SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 612i298-4473 �� .. " ~ -2- � �U �[.' � In addition to adoption of this law, I have asked St. Paul Police Chief William McCutcheon, and he has agreed, �o make as a departmental policy, personal police visits to all victims and targets of offenses motivated by bigotry. • Further, I have requested that the St. Pau1 Human Rights Commission undertake a study to investigate the current rise in � religious, racial , and ethnic acts of malice in our city and with constructive proposals for heading off the increase of these acts report their findings and conclusions to the City Council . � • The City Attorney that has prepared this ordinance assures � me that it is a constitutionally-sound approach to this growing " problem. In fact, the State of New Jersey has recently enacted similar legislation which has withstood constitutional challenges. The real significance of the increase in these episodes cannot � be reduced to mere numbers on a chart. Each episode of this kind of vandalism, each assau�t, threat, or harassment against an individual or institution causes serious anguish in the entire city. When one segment of our community is assaulted, society at large is victimized. , , WHITE - CITY CLERK � � PINK - FINANCE CANARY - DEPARTMENT G I TY O F SA I N T ��U L COUIICII �Q��C BLUE - MAYOR V � File N 0. C ncil esolution Presented By T�IC:t:i�ai C0�;;1Tm:�� Referred To Committee: Date Out of Committee By Date '-:SvLG;,D: That Application � 1893 for On Sale �1ine License, applied for by Cathay Island, Inc. at 799 University Avenue, be and the same is hereby granted, in compliance with Council ��.le ::o. 275927, Grci2narice I�o. 167�7 which adopted Chapter L.t09 of tr�e �t. �aul Le�;islative �a1e and �rdinances. COU[VCILMEN Requestgd by Department oE: Yeas Nays Hunt �tev�n. [n Favor Maddox �` McMahon `�� __ Against BY Showalter - �edes� Wilson FEB � 8 1982 Form Approved by City Attorney . Adopted by Council: Date — Certified Y• ._ b Council Secr ary BY � B , Appr by :Vlavor: D te ' ' FEB � 9 1982 Approved by Mayor for_Submissionlo Council By 1 '� L` � � By HE E B 2 7 1982 _�{ �� , �St �� _��a �' 2nd 3rd �— ,� ` �� Adopted � -- �--�p`� Yeas Nays LEVINE � _ � / � �9d � MADDOX McMAHON �j Q�p� F!/0��0 SHOWALTER TEDESCO , WILSON PRESIDENT HUNT ,�