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Update: On July 21, 2003, the Osceola Town Council in Osceola, Indiana, approved an ordinance prohibiting hate activities in the town. The ordinance was similar to that passed by the St. Joseph County Council on July 8, prohibiting vandalism, physical assault, cross burnings, fire bombings, and destruction of religious symbols and other activities motivated by hate.
Posted: July 16, 2003
For two years, the Anti-Defamation League has worked with local law enforcement, government officials and residents in Indiana to counter the activities of the National Knights of the Ku Klux Klan just outside of Osceola, Indiana. One outcome of those efforts was the passage on July 8, 2003 of a "hate activities" ordinance in St. Joseph County.
The ordinance was based on model legislation crafted by ADL to help empower local communities to use the law as a tool against illegal extremist activity. A similar ordinance is under consideration by the Osceola Town Council.
In meetings with the prosecuting attorney's office, ADL urged local officials to use tougher laws as a means to help counter extremist activity in their community.
The League provided its model cross burning statute to St. Joseph County and the town of Osceola. The statute, based on a similar statute in Virginia and recently upheld by the U.S. Supreme Court, provides that "It shall be unlawful for any person or persons with the intent to intimidate any person or group of persons, to burn, or cause to be burned, a cross."
Because the State of Indiana does not have a hate crimes statute, the model statute adopted by St. Joseph County is a good starting point. St. Joseph County has expanded on the model statute by enacting a civil "hate activities" ordinance that prohibits cross burning and other acts "which [manifest] evidence of the intent to intimidate or threaten another because of [a person's] actual or perceived race, religion, disability or nationality." A violation of the ordinance is punishable by a $2,500 fine.
The communities sought to implement the hate activities legislation in the wake of increased activity by members of the KKK in Osceola, which intensified in January 2001 when Railton Loy (a.k.a. Ray Larsen), the Imperial Grand Wizard of the National Knights of the KKK, inherited a 4.9-acre farm outside the town of Osceola in St. Joseph County. The property neighbors other residences and a suburban subdivision.
Shortly after Railton acquired the property, which abuts other private residences and a suburban subdivision, he moved in with his family. The farm quickly became a gathering place for Klan, skinheads and neo-Nazis.
White power rallies with cross and swastika burnings became a regular occurrence on the farm, as well as firearms training on a firing range. The activities soon spilled into the local neighborhood, with residents complaining of harassment and threats.
In a series of meetings with local law enforcement, ADL's Chicago Regional Office provided information on the groups operating on the farm, including the National Knights, Outlaw Hammerskins and the National Socialist Movement, and provided hate crimes training.
Not surprisingly, the Klan reacted with anger to the actions of St. Joseph County. Richard Loy warned the County Council that any attempt to stop him from burning a cross on his property would be "met with the utmost prejudice." Loy told the Council: "I have but one life to give in the defense of my religion, and I am happy to give it. How many lives can I take with me?"
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