:::Racist Rant In JC Penny's (Louisville: crime, attorney, law)

[NDL]

ttps://www.rawstory.com/2016/12/woman-could-face-criminal-charges-for-racist-rant-caught-on-viral-video-at-kentucky-mall/

Hoping this thread can stay on point, the article well explains the offense that was committed, and the response, by mall personnel; the Mayor; people from the faith community, etc.

What I did, however, find interesting, was the comment made by Mike O'Donnell, the county attorney in Jefferson County:

"“I personally denounce the intolerant actions of one woman at Jefferson Mall, and also feel that this incident could rise to the level of criminal conduct,” said Mike O’Donnell, the county attorney for Jefferson County."

North Carolina's law has a provision for "ethnic intimidation" - which speaks to what happened when a resident of North Carolina removed the hijab of a Muslim woman while both were on an airplane. In this he physically touched her person.

But what in Kentucky's law permits the offended to press charges? The victim shouldn't have been spoken to that way, but what specific statute on Kentucky's books permits charges?

This thread was started by someone who sincerely wants to know.

[ServoMiff]

Originally Posted by NDL

ttps://www.rawstory.com/2016/12/woman-could-face-criminal-charges-for-racist-rant-caught-on-viral-video-at-kentucky-mall/

Hoping this thread can stay on point, the article well explains the offense that was committed, and the response, by mall personnel; the Mayor; people from the faith community, etc.

What I did, however, find interesting, was the comment made by Mike O'Donnell, the county attorney in Jefferson County:

"“I personally denounce the intolerant actions of one woman at Jefferson Mall, and also feel that this incident could rise to the level of criminal conduct,” said Mike O’Donnell, the county attorney for Jefferson County."

North Carolina's law has a provision for "ethnic intimidation" - which speaks to what happened when a resident of North Carolina removed the hijab of a Muslim woman while both were on an airplane. In this he physically touched her person.

But what in Kentucky's law permits the offended to press charges? The victim shouldn't have been spoken to that way, but what specific statute on Kentucky's books permits charges?

This thread was started by someone who sincerely wants to know.

I don't know of a specific statute, but don't discount that KY politics are about the nuttiest outside of Chicago, and anyone and everyone with an ounce of power in the city uses instances like this to push agendas and/or satiate a portion of the populace.

[censusdata]

Not sure about state laws. The woman was within her 1st amendment right to be a bigot and store is within its 1st amendment right to ban her from the store.

[NDL]

Originally Posted by ServoMiff

I don't know of a specific statute, but don't discount that KY politics are about the nuttiest outside of Chicago, and anyone and everyone with an ounce of power in the city uses instances like this to push agendas and/or satiate a portion of the populace.

And this event serves as my personal introduction into KY politics ...

[The Dissenter]

Originally Posted by censusdata

Not sure about state laws. The woman was within her 1st amendment right to be a bigot and store is within its 1st amendment right to ban her from the store.

It is very iffy on any criminal charges being filed unless the lady being talked to retaliated physically. You have a very weak disturbing the peace/disorderly conduct case at best. I think social media will provide the best justice in this case.

[NDL]

Originally Posted by censusdata

Not sure about state laws. The woman was within her 1st amendment right to be a bigot and store is within its 1st amendment right to ban her from the store.

Well you see, that's where I am confused:

The comment the older woman made was broad in nature. In other words, the law applies when it comes to matters like slander - defamation of character, etc.

The nature of this event was different - which makes me wonder what statute was broken.

[NDL]

Originally Posted by The Dissenter

It is very iffy on any criminal charges being filed unless the lady being talked to retaliated physically. You have a very weak disturbing the peace/disorderly conduct case at best. I think social media will provide the best justice in this case.

Here's the segment of the article that caught my eye:

"The Jefferson County attorney asked the women to contact his office if they wished to pursue legal action, and he’s considering filing criminal charges against the older woman."

What charges could the Latino woman bring against the older woman? And what application does this KY law have in other instances - if, for example, you call someone "fatso," "toothpick," "four eyes," etc.

There has to be a legal basis - a law or set of laws - upon which the Latino woman can act.

[xxmagex]

I think O'Donell is thinking of KRS 525.080 Harassing Communication- http://www.lrc.ky.gov/Statutes/statute.aspx?id=45228

As to how successful he would be, well I wouldn't bet much money as I do not know if a electronic method of communication was used (I don't know much about the underlying case- what happens in Louisville stays in Louisville.) However, it does have a hate crime component to the charge which would prohibit probation. Penalty range is up to 90 days in jail and/or a fine up to $250.

There are some other possible charges, but they are more of stretch than Harassing Communications.

[Oldhag1]

Originally Posted by xxmagex

I think O'Donell is thinking of KRS 525.080 Harassing Communication- http://www.lrc.ky.gov/Statutes/statute.aspx?id=45228

As to how successful he would be, well I wouldn't bet much money as I do not know if a electronic method of communication was used (I don't know much about the underlying case- what happens in Louisville stays in Louisville.) However, it does have a hate crime component to the charge which would prohibit probation. Penalty range is up to 90 days in jail and/or a fine up to $250.

There are some other possible charges, but they are more of stretch than Harassing Communications.

Nope. That statute does not apply to people communicating orally in person.

[NDL]

Originally Posted by xxmagex

I think O'Donell is thinking of KRS 525.080 Harassing Communication- http://www.lrc.ky.gov/Statutes/statute.aspx?id=45228

As to how successful he would be, well I wouldn't bet much money as I do not know if a electronic method of communication was used (I don't know much about the underlying case- what happens in Louisville stays in Louisville.) However, it does have a hate crime component to the charge which would prohibit probation. Penalty range is up to 90 days in jail and/or a fine up to $250.

There are some other possible charges, but they are more of stretch than Harassing Communications.

I thank you for the time you spent in digging up this ordinance.

90 days in jail.

$250 fine.

How many times, while growing up, have you had a disagreement with someone? A bad break up? A misunderstanding? Someone that won't immediately return an item that's yours?

The possibilities in applying this law are endless.