Columbia Mayor and City Council pass Red Flag and Hate Speech Crime Ordinances

On Tuesday evening September 17th, 2019, at the Columbia City Hall around 200 people gathered for the Council meeting. By the time all the congratulatory announcements, school groups and photos welcoming those foreign born to Columbia had left, around 50 or so were left to witness the City Council pass three ordinances that could have major ramifications on the 2nd Amendment and Free Speech in the City of Columbia and surrounding areas.

The three ordinances passed were: 1) Extreme Risk Protection Orders, commonly called Red Flag laws, 2) Hate intimidation or Hate Speech Crime, 3) Gun-free School Zone laws. They were claimed to be put forth for  limiting gun violence.

Ordinance No.: 2019-056 Amending the 1998 Code of Ordinances of the City of
Columbia, South Carolina, Chapter 14, Offenses and Miscellaneous Provisions, to add
Article XII Extreme Risk Protection Orders
Ordinance No.: 2019-062 Amending Chapter 14, Offenses and Miscellaneous Provisions,
Article I, Offenses and Miscellaneous Provisions, to add Sec. 14-8 Hate intimidation
Ordinance No.: 2019-063 Amending Chapter 14, Offenses and Miscellaneous Provisions,
to add Article XIII, Gun-free School Zones

The “Extreme Risk Protection Orders” or “Red Flag” ordinance gives Law Enforcement Officers and others the ability to have firearms taken away from those deemed to be a danger to the community.

The Hate intimidation ordinance will add additional criminal charges to any crime considered having been committed in “hate.”

The Gun-free School Zone ordinance makes it illegal to carry a firearm within 1,000 feet of schools.

I spoke with former 2nd Congressional District candidate Eddie McCain the day following the vote. McCain  asked, “How can a person drive from one side of Columbia to the other without coming within 1,000 feet of some school?”

Mayor Steve Benjamin was quoted by ABC Columbia News reporter Alexis Frazier as saying “This type of ordinance, and the other ordinances we’ve been taking up, speaks clearly not only to the people who live here, but the rest of the world.”

In most cases across the country these type ordinances or laws restrict citizens and trample Constitutionally guaranteed rights, and in some cases end up with violent or deadly confrontations between police and citizens who have broken no law. Extreme Risk Protection Orders or commonly called Red Flag laws strip a person’s second amendment rights if a judge believes it is warranted or if the person shows any signs of being a threat to themselves or others.

The Hate Speech Crime law had those who favored the passage and opponents speak Tuesday night:

One of those in favor of the bill was Charles Frick who said, “We do not let hate fester here, we will call it out when we see it.”

Former District 20 Senatorial candidate Dayna Smith also spoke in favor of the bill.

Columbia resident Charlie Davis remarked, “There is a law against murder already. All this is doing is selecting out some people to say they are more important.”

Another speaker against the ordinance, Michael Reed, said following the vote that, “there is great concern that there is the possibility for abuse of this law by those who don’t like what others are saying, and want to shut down their free speech.”

Pastor Mike Galdamez, at Columbia Evangelical Church in downtown Columbia said, “anybody could say that I’ve said hateful things.” He later said, “Someone could lie about what was said”

How far reaching could this be? Galdamez said, “here I am in the heart of the city, someone could walk into the congregation and start up a fight. Or it could be sermons online concerning marriage, sexual immorality, etc. Someone could have come after me, not become of bad conduct, but because of my thoughts of presenting the Bible truth.” He continued that “Someone could read our doctrinal statement online and consider it hate speech.”

Following the Council meeting Mayor Benjamin commented that, “This ordinance has no bearing on the First Amendment freedom of speech.”

 

Michael Reed is Editor of The Standard.