Arizona Man Convicted of Bomb Threat Hate Crime Against Church

The Department of Justice announced yesterday:

After an 11-day trial, a federal jury returned a guilty verdict yesterday against Zimnako Salah, 45, of Phoenix, Arizona, convicting him of strapping a backpack around the toilet of a Christian church in Roseville, California, with the intent to convey a hoax bomb threat and to obstruct the free exercise of religion of the congregants who worshipped there.  The jury’s verdict included a special finding Salah targeted the church because of the religion of the people who worshipped there, making the offense a hate crime....

... [F]rom September to November of 2023, Salah traveled to four Christian churches in Arizona, California, and Colorado, wearing black backpacks. At two of those churches, Salah planted those backpacks, placing congregants in fear that they contained bombs. At the other two churches, Salah was confronted by security before he got the chance to plant those backpacks.

While Salah had been making bomb threats by planting backpacks in Christian churches, he had been building a bomb capable of fitting in a backpack....

Salah will be sentenced on July 18. He faces a maximum penalty of 6 years in prison and a fine of $250,000.

Australia Strengthens Hate Crime Laws In Face of Rising Antisemitism

Yesterday, Australia's Parliament gave final passage to Amendments to Australia's Hate Crimes Law. (Full text of law.) (Full text of Explanatory Memorandum.) The law is intended to strengthen Australia's efforts to combat hate crimes, particularly in the face of rising incidents of antisemitism in the country. As summarized by BBC:

The new laws were passed following a wave of high-profile antisemitic attacks which have become a major topic of debate in the country.

The amendments have been described by the government as the "toughest laws Australia has ever had against hate crimes".

But critics say that the governing Labor Party is caving to opposition demands and going against its own policy of opposing mandatory jail sentences.

Under the amendments, displaying hate symbols or performing a Nazi salute is now punishable with at least one year in prison.

Other penalties include a minimum of three years for financing terrorism and six years for committing or planning terrorist acts.

FBI Releases 2023 Hate Crime Statistics

Last Monday, the FBI released Hate Crime Statistics for the United States for 2023. A Department of Justice release summarizes the data, and a table released by the FBI shows greater detail. There were 11,862 hate crime incidents in total reported for the year, of which 22.5% (2699 incidents) were crimes motivated by religion. Of the religion-motivated crimes, 1,832 were anti-Jewish.  The next largest numbers motivated by one of the 11 specific religions reported were 236 anti-Muslim, 156 anti-Sikh and 77 anti-Catholic. The total number of hate crimes reported reflects a 2% rise from the 11,634 incidents reported for 2022. The number of religiously-motivated hate crimes reflects a 32% rise from the 2,042 incidents reported for 2022. Anti-Jewish hate crimes rose 63% from the 1,122 incidents reported in 2022. (See prior posting.)

10th Circuit: School Administrator Fired Over Religious Comments Has Discrimination, But Not Retaliation, Claim

 In McNellis v. Douglas County School District, (10th Cir., Sept. 10, 2024), the U.S. 10th Circuit Court of Appeals affirmed dismissal of retaliation claims by a high school Assistant Principal/ Athletic Director, but reversed dismissal of his religious discrimination claims under Title VII and the Colorado Anti-Discrimination Act.  Plaintiff Corey McNellis was fired after he complained about the depiction of Christians in an upcoming school play about the 1998 hate-motivated murder of Matthew Shepard in Wyoming. The court concluded the McNellis's speech was not protected by the 1st Amendment because it was made in the course of performing his official duties. It also concluded the McNellis's complaints about being investigated because of his Christian beliefs were not the cause of his firing. In allowing plaintiff to proceed with his discrimination claims, the court said that plaintiff had alleged sufficient facts to give rise to an inference of discrimination.

Prison Sentences Imposed in Two Separate Antisemitism Cases

Yesterday, an Indiana federal district court sentenced 67-year-old Andrezj Boryga to 24 months in prison followed by two years of supervised release after Boryga pleaded guilty to transmitting antisemitic threats in interstate commerce.  According to a Justice Department press release:

... [B]etween July 9 and Dec. 14, 2022, Boryga left voicemails at Anti-Defamation League offices located in New York, Texas, Colorado, and Nevada. Boryga used antisemitic slurs on eight voicemails as he threatened to assault or kill Jewish people.

Yesterday a New Jersey federal district court sentenced 29-year-old Dion Marsh to 40 years in prison followed by 5 years of supervised release after Marsh pleaded guilty to committing a series of violent assaults on visibly identifiable members of the Lakewood, New Jersey, Orthodox Jewish community.  According to a Justice Department press release:

[Marsh] pleaded guilty... to ... five counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act and one count of carjacking. With respect to the Shepard Byrd Act violations, Marsh admitted to willfully causing bodily injury to five victims and attempting to kill and cause injuries with dangerous weapons to four of the victims because they are Jewish.

Neo-Nazi Sentenced for Defacing Michigan Synagogue

 In a press release, the Department of Justice announced yesterday:

A Michigan man was sentenced today to 26 months in prison followed by three years of supervised release for conspiring with other members of a white supremacist group, The Base, to victimize Black and Jewish people, and for defacing Temple Jacob, a Jewish synagogue in Hancock, Michigan, using swastikas and symbols associated with The Base....

The evidence at trial established that, in September 2019, Weeden, Tobin and Barasneh, all members of The Base, used an encrypted messaging platform to discuss vandalizing property associated with Black and Jewish Americans. Weeden and his co-conspirators dubbed their plan, "Operation Kristallnacht” — a term that means "Night of Broken Glass,” and refers to events that took place on Nov. 9 and 10, 1938, when Nazis murdered Jews and burned and destroyed their homes, synagogues, schools and places of business. Weeden carried out this plan on Sept. 21, 2019, when he spray-painted swastikas and symbols associated with The Base on the outside walls of Temple Jacob....

Texas Man Sentenced To 37 Years in Muslim Hate Crime Murder

A Department of Justice press release reports that yesterday a Texas federal district court sentenced a defendant to 37 years in prison (with credit for time served before sentencing) for a mass shooting at a Dallas car repair business. Thirty-nine year old Anthony Paz Torres had pleaded guilty to five federal hate crime counts. DOJ explains:

 According to court documents, Torres admitted that a few days prior to the shooting, he went to Omar’s Wheels and Tires, made anti-Muslim comments, and pledged that he would come back. When he returned to the business on Dec. 24, 2015, Torres asked customers if they were Muslim. After being escorted back to his vehicle by Omar’s Wheels and Tires employees, Torres discharged his firearm in the direction of multiple employees and customers. Torres admitted that he killed one person and attempted to kill four other people at Omar’s Wheels and Tires because he believed that they were Muslim. 

Man Sentenced To 1 Year + For Threatening Synagogue Shooting

According to a press release from the U.S. Attorney's Office for the Western District of Michigan, on Monday a 20-year old Michigan man was sentenced to 12 months and one day in prison, 3 years of supervised release and restitution payment of $10,648 for sending numerous Instagram messages threatening a mass shooting at an East Lansing, MI synagogue. Notes on defendant's cell phone indicated that he planned to commit suicide after the mass shooting.

New Jersey Man Pleads Guilty to Hate Crimes Against 5 Orthodox Jews

In a Feb. 1 press release, the U.S. Attorney's Office for the district of New Jersey announced that 29-year old Dion Marsh has pleaded guilty to violations of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act and to a count of carjacking for his assault on 5 men on April 8, 2022.  According to a statement by the U.S. Attorney:

This defendant violently attacked five men, driving a car into four of them, stabbing one of them in the chest, and attempting to kill them, simply because they were visibly identifiable as Orthodox Jews....

Sentencing is set for June 11.

President Issues Statement On Transgender Day of Remembrance

The White House today issued a Statement from President Joe Biden on Transgender Day of Remembrance (full text). The President said in part:

There is no place for hate in America and no one should be discriminated against simply for being themselves. Today, on Transgender Day of Remembrance we are reminded that there is more to do meet that promise, as we grieve the 26 transgender Americans whose lives were taken this year. While each one of these deaths is a tragedy – the true toll of those victimized is likely even higher, with the majority of those targeted being women of color.

Michigan Passes Institutional Desecration Ban

 Last week, the Michigan legislature gave final passage to HB 4476 (full text) (legislative history) which creates the crime of "institutional desecration." A person is guilty of the crime if the person:

maliciously and intentionally destroys, damages, defaces, or vandalizes, or makes a true threat to destroy, damage, deface, or vandalize ... because of the actual or perceived race, color, religion, sex, sexual orientation, gender identity or expression, physical or mental disability, age, ethnicity, or national origin of another individual or group of individuals....

any religious building, educational institution, library, museum, community center, campground, cemetery, business or charitable institution.  The bill now goes to Governor Whitmer for her signature. Michigan Radio reports on the bill's passage.

FBI Releases 2022 Hate Crime Statistics

The FBI yesterday released 2022 Crime Statistics, including data on hate crimes (Methodology)  (Data on Incidents). According to the FBI:

In 2022, law enforcement agency participation significantly increased ... with a population coverage of 91.7% submitting incident reports.... There were over 11,000 single-bias hate crime incidents.... [T]he top three bias categories ... were race/ethnicity/ancestry, religion, and sexual-orientation.

The FBI reported 2,042 incidents of religiously-motivated hate crimes. 1,122 of these were anti-Jewish. The next most numerous were 181 anti-Sikh incidents; 158 anti-Muslim and 107 anti-Catholic. President Biden issued a Statement (full text) on the Hate Crime Statistics, saying in part:

The data is a reminder that hate never goes away, it only hides. Any hate crime is a stain on the soul of America.

To those Americans worried about violence at home, as a result of the evil acts of terror perpetrated by Hamas in Israel, we see you. We hear you. And I have asked members of my team ... to prioritize the prevention and disruption of any emerging threats that could harm Jewish, Muslim, Arab American, or any other communities during this time. My Administration will continue to fight Antisemitism and Islamophobia.

Florida Enacts Ban on Religious and Ethnic Intimidation

NBC News reports that Florida Governor Ron DeSantis, while in Israel, signed CS/CS/HB269 a bill (full text) that amends Florida's Public Nuisances law to prohibit threats and intimidation of various sorts. Among the provisions added by the new law is the following:

A person may not willfully and maliciously harass or intimidate another person based on the person's wearing or displaying of any indicia relating to any religious or ethnic heritage.

The law provides for enhanced sanctions if a person "in the course of committing the violation makes a credible threat to the person who is the subject of the harassment or intimidation...."

New York Governor Announces Steps to Combat Hate Crimes

Earlier this week, New York Governor Kathy Hochul announced a number of steps to combat hate crimes. On Nov. 22, the Governor signed A1202 (full text) which makes mandatory rather than just permissive the requirement that sentences for hate crimes include an appropriate program, training session, or counseling session directed at hate crime prevention and education. She also signed A5913A (full text) which requires the state Division of Human Rights to develop and implement a campaign to promote acceptance, inclusion and tolerance of the state's diverse population with the purpose of combatting bias, hatred and discrimination based on religion, race, color, creed, sex, ethnicity, national origin, age, disability, sexual orientation, and gender identity or expression. She also announced plans for a Unity Summit and emphasized grant funding available to strengthen safety measures to protect against hate crimes.

Indictment Handed Down in 2018 Shooting of Jehovah's Witness Building

The Justice Department announced yesterday that a federal grand jury in Seattle, Washington has indicted Mikey Diamond Starrett, aka Michael Jason Layes, on one count of damaging religious property and one count of using a firearm during a crime of violence. According to the indictment, in May 2018 Starrett used a semi-automatic rifle to damage the Jehovah’s Witnesses Kingdom Hall of Yelm, Washington because of its religious character. He had also previously been charged with possession of an unregistered firearm.  If convicted, he faces a sentence of up to 20 years in prison on the charge of damaging religious property, plus up to ten years on the other charges. Last September, in U.S. v. Layes, (WD WA, Sept. 14, 2021), a federal magistrate judge ordered Starrett to be held in pre-trial detention.

White House Hosts Summit Addressing Hate-Motivated Violence

Yesterday President Biden hosted the United We Stand Summit at the White House directed at countering hate-motivated violence. The President spoke at the Summit for nearly 25 minutes (full text of remarks), calling on Congress to pass budget increases to protect nonprofits and houses of worship from hate-fueled violence, and to pass legislation to hold social media platforms accountable for spreading hate-fueled violence. He said in part:

There is a through-line of hate from massacres of Indigenous people, to the original sin of slavery, the terror of the Klan, to ... anti-immigration violence against the Irish, Italians, Chinese, Mexicans, and so many others laced throughout our history.

There is a through-line of violence against religious groups: antisemitic, anti-Catholic, anti-Mormon, anti-Muslim, anti-Hindu, anti-Sikh.

Look, folks, and that through-line of hate never fully goes away.  It only hides.

The White House also issued a Fact Sheet on the Summit, announcing a number of new government and private initiatives to address hate-fueled violence. Several clergy were among the "Uniters" honored at the Summit.

Data On Canadian Hate Crimes Released

On Aug. 2, Statistics Canada released Police-reported crime statistics in Canada, 2021. One section (Text Box 5) focuses on hate crimes and says in part:

The number of police-reported hate crimes in Canada increased by 27% in 2021, rising from 2,646 incidents to 3,360.... From 2020 to 2021, increases were noted in the number of police-reported hate crimes targeting religion (+354 incidents, +67%).... 

Police-reported hate crimes targeting the Jewish (+47%), Muslim (+71%) and Catholic (+260%) religions were up. The increase in hate crimes targeting the Muslim population follows a similar decrease in 2020; the increase also occurred in the same year as an attack in London, Ontario which targeted a Muslim family and resulted in four homicides and one attempted homicide.... In 2021, there were discoveries of unmarked graves on former residential school sites. Following these discoveries, there were reports of hate incidents targeting the Indigenous population as well as churches and other religious institutions....

JNS reports on the data.

NY AG Orders Anti-Muslim Group To Stop Spying On The Muslim Community

 In an April 1 press release, New York Attorney General Letitia James announced that the office's Civil Right Bureau has sent a Cease and Desist Notification (full text) to an "anti-Muslim hate group" warning it to stop its discriminatory surveillance of the Muslim community. The Notification says in part:

The New York State Office of the Attorney General (OAG) has reviewed reports alleging that your organization, the Investigative Project on Terrorism (IPT), used paid informants and infiltrators to spy on Muslim houses of worship, Muslim advocacy groups, and prominent Muslim leaders. You are advised that such conduct could violate the New York Civil Rights Law and other state and federal laws. You are hereby instructed to cease and desist any ongoing or contemplated unlawful espionage operations against Muslims and Muslim organizations within the State of New York. Discrimination has no place in New York. The OAG will use every tool at its disposal to protect Muslim New Yorkers against unlawful intimidation campaigns.

[Thanks to Eugene Volokh via Religionlaw for the lead.]

FBI Releases Hate Crime Statistics For 2020

Yesterday the FBI released its report on Hate Crime Statistics 2020. According to the FBI:

There were 7,554 single-bias incidents involving 10,528 victims. A percent distribution of victims by bias type shows that 61.9% of victims were targeted because of the offenders’ race/ethnicity/ancestry bias, 20.5% were victimized because of the offenders’ sexual-orientation bias, 13.4% were targeted because of the offenders’ religious bias, 2.5% were targeted because of the offenders’ gender identity bias, 1% were victimized because of the offenders’ disability bias, and 0.7% were victimized because of the offenders’ gender bias.

There were 205 multiple-bias hate crime incidents that involved 333 victims.

In a statement, Attorney General Merrick Garland said in part:

Last year saw a 6.1% increase in hate crime reports, and in particular, hate crimes motivated by race, ethnicity and ancestry, and by gender identity. These numbers confirm what we have already seen and heard from communities, advocates and law enforcement agencies around the country. And these numbers do not account for the many hate crimes that go unreported.

CNBC reports on the data.

Conviction and Sentence of Mother Emanuel Church Shooter Uphehld

In United States v. Roof, (4th Cir., Aug. 25, 2021), the U.S. 4th Circuit Court of Appeals, in a 149-page opinion, affirmed the hate crime and obstructing religion convictions of Dylan Roof who shot and killed nine members of Charleston, South Carolina's Mother Emanuel Church who were attending a Bible study group. Roof's attorneys raised 19 separate issues on appeal. The court concluded that proof of religious hostility is not required for a conviction under the religious obstruction statute, 18 USC § 247(a)(2). It also concluded that Congress did not exceed its powers under the 13th Amendment when it enacted the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, 18 U.S.C. § 249. The court also upheld the death sentence imposed, saying in part:

No cold record or careful parsing of statutes and precedents can capture the full horror of what Roof did. His crimes qualify him for the harshest penalty that a just society can impose. We have reached that conclusion not as a product of emotion but through a thorough analytical process, which we have endeavored to detail here. In this, we have followed the example of the trial judge, who managed this difficult case with skill and compassion for all concerned, including Roof himself.

ABC reports on the decision.