Local gay man, lesbian claim attacks were hate crimes

Two gay San Diegans say they were victims of recent hate crimes, and their attacks, they said, underscore the need for increased awareness and protection of minority groups.

Local musician Rhythm Turner, and Ron deHarte, the executive director of San Diego Lesbian, Gay, Bisexual, Transgender (LGBT) Pride, say they were targeted and attacked because of their sexual orientation.

Turner was attacked last month in Mission Beach after she embraced her girlfriend in public. Turner said two men harassed the couple, and when Turner confronted them, one made anti-gay comments and slapped and punched her face.

deHarte’s assault was captured by a local television station, during the Saturday “Equality Torch Relay,” an awareness event for LGBT equality.

Despite Turner’s and deHarte’s claims they were attacked for their sexual orientation, their cases have not been classified by the district attorney’s office as hate crimes. deHarte’s alleged attacker is being held on other misdemeanors.

Statistics, offered by the U.S. Federal Bureau of Investigation, show reported hate crimes based on sexual orientation or gender identity decreased from 2006 to 2007, and there is no federal hate crime legislation. There were 1,265 reported hate crimes based on sexual orientation or gender identity bias in the U.S. in 2007, a decrease from the 1,415 in 2006. In San Diego County, 54 hate crimes were reported in 2007, a small decrease from 2006 (55), but a big jump from 2006’s 41.

Despite varied stats, the recent victims say one hate crime is one too many.

“It’s a horrible situation,” deHarte said. “We have to stop the fear and the homophobia - it just has to stop.”

Hate crime victims in the U.S. are protected at various degrees by local and state law, though proving a hate crime remains difficult. Currently, the Local Law Enforcement Hate Crimes Prevention Act of 2009 (or, as it is more commonly known, the Matthew Shepard Act, named for the gay Wyoming man who was beaten and left for dead in a field outside Laramie) would expand federal hate crime laws to protect victims attacked because of sexual orientation, gender or gender identity. The act was passed 249-175 in the House and is waiting on the Senate’s approval.

Related links: County apologizes for mistreatment of gay couple | Discrimination alleged at county health center

San Diego Councilmember Todd Gloria said without federal hate crimes laws, protection at the federal level remains a cloudy issue.

“There are local and state laws that are very aggressive, so the problem isn’t there,” Gloria said. “It remains at the federal level.”

Esther Rothblum, San Diego State University professor, and editor of The Journal of Lesbian Studies, agrees.

“Hate crime legislation includes sexual orientation but [the federal government isn't] doing enough to protect the group,” Rothblum said. “It still sends the message that the [LGBT] community can be harrassed in some way. There is a lot of progress that needs to be made.”

deHarte said reported hate crimes no longer surprise him. Deharte was carrying a rainbow flag - a symbol of LGBT rights and equality - when he was assaulted. Kenyatta Mitchell, who allegedly saw deHarte holding the flag in Lemon Grove during last weekend’s event, reportedly told deHarte he needed to “get out of there” and then slapped him.

“[He said] that I don’t belong there - there’s no place for me there,” deHarte said. “I told him, ‘Back off, I’m leaving.’”

Mitchell was immediately arrested by the county sheriff’s department and is being charged with two misdemeanors, assault and a violation of civil rights through force.

Turner’s case is a bit more complex. She was attacked on May 14 in Mission Beach after a performance with her band Dropjoy. She and her girlfriend were outside of the venue embracing after the show when Vinzen Williams, 21, walked by and said “Oh my God, are those two girls kissing?” He asked Turner and her girlfriend whether they were lesbians and if they could kiss again.

Turner said she asked Williams to leave and cursed at him, but he didn’t leave. After more words were exchanged, Williams slapped Turner and then punched her twice when she attempted to push him away. Turner claims Williams said, “God knows, God’s going to judge you,” during the assault.

Williams pleaded guilty to felony battery and has been released on bail with protective order. The case was not classified as a hate crime. His sentencing is in mid-July and Turner will be speaking at the hearing.

Turner, a San Diegan born into a family of “open-minded ideals,” said she is now scared of being out in the public with her girlfriend.

“Now, I find myself hyper-vigilant to the point of paranoid to be anywhere that is not home, alone or with my partner,” said Turner, who is uninsured and does not have legal counsel. “When I hold her hand, I double check my surroundings and make mental notes to remember what everyone around me looks like. My heart races for no reason, I can’t sleep or eat regularly.”

Turner said she hopes to raise money for surgical reconstruction on her face, which she said she needs as a result of the attack, and to file a civil suit against Williams.

Rothblum said despite the local incients, she sees prejudice fading against LGBT people.

“Many more Americans say they know someone who is gay or lesbian and it’s contributed to a more stable attitude toward the [LGBT] community,” Rothblum said.

Rothblum said California’s voter-approved same-sex marriage ban - Proposition 8 - has also galvanized the community. Gloria agrees.

“The results of Proposition 8 pushes the community more to strive for equal rights,” Gloria said. “It’s certainly bound to create more tension and more attention. But it shows that the community is not willing to take it lying down.”

deHarte said it’s important to distinguish peaceful opponents of same-sex marriage, from opponents who react with violence. His hope is for change, and more awareness of the community.”

“We’ve generated a tremendous amount of awareness,” deHarte said. “We’ve opened up people’s eyes. We’re going to continue to open up people’s eyes. We’re going to continue breaking down barriers … There is nothing to fear.”

Hoa Quach is the SDNN political editor. She can be reached at Politics(a)SDNN.com

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This entry was posted on Friday, June 12th, 2009 at 10:36 am and is filed under Local News, Politics & Government. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.