Free speech is in the cross-hairs of Columbia City Council September 17th as the Council seeks to pass an ordinance that will restrict freedom to speak freely in public and perhaps behind closed doors.
In 1968, Congress passed the first ever federal hate crimes statute. In 2009, President Obama extended the application of hate speech crime laws. Since then, not only federal, but state, county and municipal governments have passed hate crime laws and ordinances, many in direct violation of the State and U.S. Constitutions the elected officials took an oath to uphold.
In August, the Columbia City Council passed unanimously the first reading of a “hate speech crime” ordinance for the city. Tonight, Tuesday September 17th, 2019, the City has a second reading, ironically Constitution Day, on the two controversial ordinances that had many of their origins in San Francisco.
Hate crimes can apply to a wide variety of perceived offences many which are subjective to the individual, such as offenses against: religion, national origin, gender, sexual orientation, gender identity, or disability of any person. Others include interference with housing rights because of the victim’s race, color, religion, sex, disability, familial status, or national origin.
“Hate speech crime” law deals with intentions and thoughts, not conduct or behavior. Mike Galdamez, Pastor at Columbia Evangelical Church in downtown Columbia expressed his concerns about the upcoming vote by the City Council.
“Some of the things we preach will be offensive to people, but some will take that as “hateful” when it is not hateful at all to call people out of sin.”
Lt. Col. E. Ray Moore, Chaplain USAR Ret. and Citadel graduate, said, “This will present problems for pastors who preach the Bible truth against same sex marriage, homosexual behavior, and other Bible topics.”
The City Council Ordinance is:
ORDINANCE NUMBER NO.: 2019-062
Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina,
Chapter 14, Offenses and Miscellaneous Provisions, Article I, In General, to add
Sec. 14-8 Hate intimidation
BE IT ORDAINED by the Mayor and City Council of the City of Columbia, South Carolina this_ day
of , 2019, that the 1998 Code of Ordinance of the City of Columbia, South Carolina, Chapter 14,
Offenses and Miscellaneous Provisions, Article I, In General, is amended to add Sec. 14-8 Hate intimidation, to read as follows:
Sec. 14-8. Hate intimidation.
(a) A person who violates Sec. 10-34, 12-8, 14-5,14-31, 14-91,14-92,14-93, 14-94, 14-97, 14-101,
14-102, 14-104, 14-263, 15-1 or 22-72 with the intent to intimidate a person in whole or in part because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation (as defined in Sec. 11-503), disability (as defined in Sec. 11-503) gender identity, expression or national origin of any person is guilty of the separate offense of hate intimidation and shall be punished as provided by Sec. 1-5. The sentences shall run consecutive to one another unless the court specifies on the record good cause why they should run concurrently.
Section 1491 of the City Code also says, unlawful conduct is knowing or having reasonable grounds to know if you are provoking a disturbance.
Galdamez said, “This ordinance could invite anybody to challenge someone teaching or preaching out of the Bible to be charged with hate speech.” He said, “As Christians our major concern is with Romans 13 and the civil magistrate not to terrorize good conduct, but bad conduct.” He continued that “the city has control over conduct not intentions.”
“The control of the intent and thoughts of our heart [through Hate speech crime ordinances] brings control of government over our mind’s, thought’s and intentions. It takes away our freedoms of religion, speech, and more,” Pastor Mike Galdamez
City Council member Howard Duvall, a 1965 graduate of The Citadel, voted in favor at the first reading of the Red Flag ordinance and for removal of free speech in Columbia.
He said “According to the scriptures at Hebrews 4, God is the discerner of the thoughts and intentions of the heart.” This ordinance goes beyond what is government legitimacy, it is tyranny creeping into government.”
Others who have become aware of the reading tonight urge citizens, friends of liberty and others to come out and speak against the ordinance at 6 p.m. Tuesday (tonight), September 17, 2019 at City Hall, 1737 Main Street, Columbia, SC 29201.
The WIS facebook page article had lots of verbiage but Moore said, “Last month only two people showed up.”
Attacks against free speech are being lodged across Europe against Christians with crosses, churches and Christian symbols being desecrated. “These are freedoms had from the beginning in America. People are being arrested for this in Europe and Canada already.” The Standard recently reported on a Canadian pastor arrested for preaching.
Moore said, “There are already people who look at the Bible as Hate Speech. We need churches, people to be aware and speak against this ordinance. We need at least 15-20 people to show up to speak against this ordinance.”
Those who are facing a hate crime charge could be facing severe penalties according to hate crime lawyers Ryan T. Okabe and Mark J. Haushalter of San Francisco. They say “charges of committing a hate crime are extremely serious. Anyone suspected of a hate crime can expect to face contempt, controversy and a harsh prosecution.”
Hate speech crimes are lodged against anyone who the offended feel have directly assaulted the moral values they hold based on their arbitrary interpretation, which may be vastly different from your own. Thus, church pastors in their pulpit may offend someone who does not hold to Biblical values of truth and is “offended” by that preaching. For example, the Bible might advocate a change in or go contrary to the lifestyle of those who practice same sex relationships or marriage, hold or carry flags or symbols that others deem offensive or produce or say any other thing that causes an “offense.”
Mayor Steve Benjamin
Penalties for a hate speech crimes currently can range from 1 year in jail, $5000 fines, and up to 400 hours community service in some areas. In other cases a misdemeanor could easily become a felony if the hate speech crime is determined to be motivated by antagonism against someone’s race, religion, sexual orientation, or other defining factor. In a case like that penalties for a felony hate crime can be up to 1 year in prison and/or a fine of $10,000.
In January this year, a pastor was found guilty of “hate speech against homosexuals” for a sermon he preached 16 years ago, in 2003. The authorities said, this does not involve freedom of religion: “One may have whatever religion one wishes, but this is an attack on all fronts against homosexuals.”
What would happen if the ordinance was to pass? Pastor Mike Galdamez said, “If it were to pass, we are to obey God and not man.” Moore said, “Liberalism and Stupidity is a toxic mix.”
“If this is on this books anybody could say that I’ve said hateful things, it could affect my life greatly. Someone could lie about what was said, like, ‘he said my lifestyle is sinful.'”
How far reaching could this be? Galdamez says, “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, 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.”
“This could negatively affect ministries throughout the midlands and SC. This goes against the Christian heritage of this country. This is an attack on your thinking, intentions, and beliefs,” said Moore.
The Columbia City Council will have the public Meeting at 6 p.m. on Tuesday, September 17, 2019 at City Hall, 1737 Main Street, Columbia, SC 29201.
If you have questions, concerns or thoughts about the bills mentioned, contact the Columbia City Council at the following:
Stephen K. Benjamin, Mayor
803-545-3075
Twitter/Instagram: @SteveBenjaminSC
Sam Davis, City Council District #1
803-315-5718
sam.davis@columbiasc.gov
P.O. Box 147
Columbia, SC 29217
Tameika Isaac Devine, City Council District #At Large
803-254-8868
tidevine@jilawfirm.com
Moe Baddourah, City Council District #3
Moe.baddourah@columbiasc.gov
803-318-3111
P.O. Box 147
Columbia, SC 29217
Howard E. Duvall, Jr., City Council District #At Large
803-238-6875
Howard.Duvall@columbiasc.gov
P.O. Box 147
Columbia, SC 29217
Edward H. McDowell, Jr., City Council District #2
803-545-3061
Edward.McDowell@columbiasc.gov
P.O. Box 147
Columbia, SC 29217
Daniel J. Rickenmann, City Council District #4
803-920-9541
djrickenmann@Columbiasc.gov
Michael Reed is Editor of The Standard.
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