News Summary
The Greenwood City Council has opted not to pursue a hate intimidation ordinance, citing legal concerns raised by the city attorney. Despite increasing incidents of hate in the community, including a recent road rage incident classified as a hate crime, local officials are wary of the potential legal implications of creating new criminal categories. The absence of a state-wide hate crime statute complicates municipal efforts to address hate-driven incidents effectively. The council urges state legislators to take action to establish necessary protections for residents.
Greenwood City Council has decided not to pursue a local hate intimidation ordinance, citing legal concerns raised by the city attorney. The ordinance was proposed in response to increasing incidents of hate within the community, particularly in light of a recent road rage incident that was labeled as a hate crime by local law enforcement.
Jumelle Brooks addressed the City Council in June, highlighting a perceived urgency for a hate intimidation ordinance due to a lack of protections at the state level. She pointed to growing concerns of hate-related incidents affecting residents based on factors such as race, religion, gender identity, and sexual orientation.
However, Mayor Brandon Smith announced that the ordinance would not be pursued at this time, signaling apprehension about its potential legal implications. City Attorney Tripp Padgett noted that municipalities do not have the authority to create new criminal categories without explicit permission from the state. He emphasized that any local ordinance must align with existing state law to avoid legal disputes.
Padgett referenced U.S. Supreme Court cases—including Wisconsin v. Mitchell (1993) and R.A.V. v. City of St. Paul (1992)—to illustrate the complexities surrounding bias-motivated crimes and hate speech. He indicated that previous invalidations of municipal ordinances in South Carolina highlight the risks of exceeding local authority, referencing legal precedents such as Foothills Brewing Concern v. City of Greenville.
The controversy intensified following a road rage incident involving an individual identified as Dennis Allen, who allegedly used racial slurs during an altercation. Initially, the Greenwood Police Department classified the event as “freedom of speech” and dismissed it due to lack of evidence, such as a license plate number. However, after reviewing video evidence, the police chief later challenged this classification, stating that the incident should indeed be considered a hate crime.
Adding to the complexity, the state of South Carolina currently lacks a comprehensive hate crime statute. This absence has significant ramifications for local efforts to enact similar policies, making it difficult for municipalities to address hate crimes effectively under existing legal frameworks.
Attorney General Alan Wilson has expressed skepticism about the feasibility of local municipalities enforcing hate crime ordinances, suggesting that such enforcement falls outside the purview of city governance. Concerns surrounding the alignment of local ordinances with state law raise the specter of costly litigation and the potential for ordinances to be overturned based on stipulations in the South Carolina Constitution.
Despite the rejection of the hate intimidation ordinance, the City Council acknowledged the urgency of addressing hate-driven incidents within the community. The council members encouraged state legislators to act decisively in creating hate crime legislation that would provide necessary protections to residents across various demographics.
Mayor Smith noted that without timely action from state lawmakers, Greenwood could remain one of the few states lacking a formal hate crime law. In light of this situation, the City Council also discussed other ordinances aimed at improving city operations and enhancing public safety, including addressing issues related to homeless encampments and property lien timelines.
The council’s decision reflects ongoing frustrations and challenges surrounding the absence of state-level hate crime protections, while simultaneously spotlighting the need for legislative action to ensure the safety and dignity of all Greenwood residents moving forward.
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Additional Resources
- Index Journal: Greenwood Official Cites Legal Uncertainty in Decision to Delay Hate Crime Ordinance
- Google Search: Greenwood Hate Crime Ordinance
- Index Journal: Sheriff’s Office Investigating Possible Hate Crime
- Encyclopedia Britannica: Hate Crime
- KTUL: Suspect Sought for Destroying Greenwood’s Historical Mural
- Index Journal: Greenwood City Council Hears Hate Crime Ordinance Plea
- Axios: US Justice Department & 1921 Tulsa Race Massacre
Author: HERE Greenwood
GREENWOOD STAFF WRITER The GREENWOOD STAFF WRITER represents the experienced team at HEREGreenwood.com, your go-to source for actionable local news and information in Greenwood, Greenwood County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as the Festival of Flowers, Greenwood Community Theatre performances, and agricultural showcases at the Greenwood County Fairgrounds. Our coverage extends to key organizations like the Greenwood Chamber of Commerce and the Greater Greenwood United Ministry, plus leading businesses in manufacturing and healthcare that power the local economy such as FujiFilm Manufacturing and Self Regional Healthcare. As part of the broader HERE network, including HERECharleston.com, HEREColumbia.com, HEREGreenville.com, and HEREHiltonHead.com, we provide comprehensive, credible insights into South Carolina's dynamic landscape.
