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May 14, 2001


Hate-Crime Follies

The legal aftermath to an attack on Christopher Columbus in the city of Santa
Cruz instructs us in the folly of the current liberal obsession with
installing hate crime laws in every statute book.


On March 9 James Cosner, 31-year-old self-described "revolutionary freedom
fighter" took a hammer to a statue of Christopher Columbus in Santa Cruz's
city hall, severely damaging the statue while denouncing Columbus as a
perpetrator of genocide. The statue is worth $100,000, according to a deputy
DA in Santa Cruz.
Cosner is now being charged with vandalism. If convicted he could get up to
three years in prison, but the prosecutor has added a hate-crimes
enhancement-which could add another three years from California's penal code.
So here's a fellow who did something that's a crime, with enough destruction
to draw a felony charge. But suddenly that's not enough. Now we're into the
issue of his motive, namely the avenging of Columbus's destruction of the
Arawaks.


In other words, Cosner could get an extra three years because of his
ideology, not because he made a mess of city property. An extra irony is that
in politically correct Santa Cruz the progressives have been big supporters
of hate crime laws.


The liberal obsession with installing hate crimes in every statute book is
one of the saddest spectacles of our age. Let us now travel to North Side
Chicago, to the Shan Restaurant, a Pakistani bistro where South Asians like
to hang out, Among them on March 12 was Ifti Nasim, a 53-year-old Pakistani
writer and radical who's also a leading light of Muslim gays, many of them
mustered in the international gay Muslim organization Al-Fatiha.
Nasim has been claiming that he was sitting in the Shan on the night of March
12 when a man at the table called Salman Aftab began verbally hassling him
for being "too visible" in his sexual orientation and an "embarrassment" to
South Asians. Nasim apparently likes heavy jewelry and displayed himself in
drag on the cover of his latest book of poems. Nasim says Aftab told him,
"I'm going to stab you up the ass to tell God I'm getting rid of at least one
sinner! I want to clean up the planet after your type!"
Then, on Nasim's account, Aftab got a knife from the kitchen, yelled out
"gandoo," meaning "faggot bottom," declared an Islamic "jihad" against Nasim
and gay Muslims and lurched toward the poet. At which point two people in the
restaurant restrained Aftab, and Nasim dialed 911. The first Chicago cops on
the scene reportedly told Nasim it looked to them like "an ethnic problem"
and declined to take Nasim's complaint. Then police Sgt. Mary Boyle arrived
and ordered Aftab to be arrested, charged with simple assault, a misdemeanor.


The Chicago police have declined Nasim's request that they hit Aftab with a
hate-crimes charge, to the great fury not only of many Chicago gays but of
the local chapter of the ACLU. And indeed, For Chicago's gays it's become a
very big issue issue. The Al-Fatiha Foundation has been urging gays across
the United States to call Cook County State's Attorney Dick Devine to demand
that hate-crimes charges be filed against Aftab on the grounds that the
assault was motivated by Nasim's sexual orientation and ethnicity.


The Chicago Anti-Bashing Network has made the same call, and has prompted the
ACLU's Pamela Sumner to write a three-page, single-spaced letter to State's
Attorney Devine detailing why she felt he should pursue hate-crimes charges
in Nasim's case. Devine has refused to do so.


The cops and Devine are quite right. It turns out that the initial quarrel
between Nasim and Aftab wasn't about the former's sexual orientation but
about an article he'd written. Aftab never attacked Nasim with a knife
(though Nasim insists he'd gone to the kitchen to get one). And Nasim put up
Aftab's bail money, though he still wants him hit with a hate crime charge
for calling him an insulting sexual term. The Chicago Anti-Bashing Network
supports this position, which only goes to show how dementedly wrong headed
progressives are on the hate crime issue.


Now CABN has done good work in Chicago on such issues as killings and torture
by Chicago's cops. When we called the group to ask for Sumner's letter CABN
cofounder Andy Thayer told us he was well aware of our opposition to hate
crime laws and indeed agreed that "the promotion of hate crime legislation
has generally been a distraction from legal inequalities faced by lesbians
and gays," also that the "Democratic Party in particular has very cynically
promoted hate crime legislation while conveniently ignoring the Defense of
Marriage Act and the 'don't ask, don't tell' policy that had arguably
contributed to the climate requiring hate crime laws."


After voicing these sentiments, Thayer said he wants Aftab charged with a
hate crime because the law is on the Illinois books, and it was a useful way
to pressure states attorney Divine, who grandstands on his support for hate
crime laws. But the more he talked, eloquently, about astounding cases of
police killing (LaTanya Haggerty, shot to death) and police assault (Jeremiah
Mereday, face beaten to a pulp) where the cops had escaped charges, the more
we thought he was making our case for us.


Why fool with such laws, with their importing of thought crimes into the
statute book, when the issues at hand concern murder, torture or, in Nasim's
case, an allegation of assault? Why is the ACLU's Sumner spending hours on a
three-page letter urging hate-crimes charges against Aftab when there are
such urgent matters of everyday business as men sitting on death row, put
there by confessions elicited by torture?


And finally, why is Al-Fatiha wasting time on hate-crimes issues in Chicago
when their Muslim comrades round the world are confronted by forces of
intolerance even grimmer than Mayor Daley's Blue Knights? Seven Islamic
nations prescribe the death penalty for homosexuality. But on the issue of
the death penalty Al-Fatiha's founder and director, Faisal Alam, wrote
earlier this year to Bill Dobbs of Queer Watch (the gay justice group that
opposes the death penalty and hate-crimes laws) in mealy-mouthed terms, to
the effect that "Al-Fatiha continues to maintain a level of discretion when
it comes to dealing with what we perceive as 'political matters'. Al-Fatiha
maintains itself as a 'religious organization' So this means that we have
actively taken a stance NOT to directly get involved with such situations."


Earlier this year Oregon State Senator Gary George, a hazelnut farmer,
introduced a bill making it a hate crime to smash a Starbucks window or
sabotage a timber company. George told the press his real target was
political correctness on hate crimes. "Even the Scriptures tell you not to
judge a person's thoughts but their actions." His bill calls for an
additional five years in prison for an offender whose crime is motivated by
"a hatred of people who subscribe to a set of political beliefs that support
capitalism." The bill was intended more to make a political point than as
serious legislation. But we could see it romping through the Oregon
legislature. This hate-crimes binge by the liberals is playing with fire.


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