State Hate Crime Bill Spearheaded By Fairfax Man Clears Hurdle

FAIRFAX, CA — A hate crime bill advocated by a group in Marin County has overcome its first legal hurdle when it passed the state Legislature's Committee on Public Safety on Tuesday.

Assembly Bill 2282, known as "Hate Crimes: Nooses, Crosses and Swastikas," would align commensurate penalties for those caught using such symbols with "intent to terrorize."
It would also expand the areas, both public and private, in which the use of such symbols in order to terrorize a person or persons could garner penalties, such as schools, cemeteries, places of worship, places of employment, and several other public places.

Current law dictates different penalties depending on the symbol, with a burning cross resulting in the stiffest penalties (imprisonment of up to three years with a fine of up to $10,000) and the hanging of a noose with the lowest penalty (maximum one year in prison, maximum fine of $5,000).

AB 2282 would apply the same penalties for all symbols when used to terrorize - first-time offenders could receive up to three years in prison and a fine of up to $10,000.

The bill was drafted after swastika stickers were posted in the town of Fairfax in 2020. The Marin County District Attorney's Office declined to press charges against the Livermore man accused of the act due to "insufficient evidence."

Marin County District Attorney Lori Frugoli spoke about the incident at a community forum and said that the U.S. Constitution allows for hate speech as long as it doesn't interfere with the civil rights of others.

Fairfax resident Mark Solomons spearheaded the bill through an organization he is part of, NOAH Marin, or Name Oppose and Abolish Hate. NOAH was formed after the Fairfax swastika incident, he said.

"When the DA announced that she could not press charges against this neo-Nazi in Fairfax, 1,000 people signed this petition urging her to do so," said Solomons. "I gathered people together to figure out, how do we do something? This just doesn't sound equitable, fair or just."

NOAH then approached state Assemblyman Marc Levine, D-San Rafael, who teamed up with Assemblymembers Rebecca Bauer-Kahan, D-San Ramon, and state Sen. Benjamin Allen, D-Redondo Beach, to author the bill with an intent to strengthen anti-hate laws.

Once the bill was drafted, NOAH addressed the Marin County Council of Mayors & Councilmembers about supporting it. So far, San Rafael, Novato, and Fairfax have all penned official support for the bill. Corte Madera's City Council will decide on whether to support the bill at its meeting next Tuesday, as well.

With this bill, Solomons believes that an incident such as the one in Fairfax could now result in charges since it could be proven to be an intent to terrorize on public property.
Solomons recognizes that there are speech issues at play, and says that they are addressed in the bill.

The bill does have a clause that attempts to define what "terrorizing" by use of a symbol would entail.

"'Terrorize' means to cause a person of ordinary emotions and sensibilities to fear for personal safety," reads the bill. "The bill itself is something that will make California safer from any threats from white supremacists," said Solomons. "That is the intention here."


Copyright © 2022 Bay City News, Inc. All rights reserved. Republication, rebroadcast or redistribution without the express written consent of Bay City News, Inc. is prohibited.