An 18-year-old accused of shouting a racist slur at members of the Utah women’s basketball team during the NCAA Tournament in northern Idaho will not face hate crime charges, according to a local prosecutor.
The city of Coeur d’Alene’s deputy attorney officially declared on Monday that the use of a racial slur, while detestable and incredibly offensive, does not constitute a threat of physical harm towards the women or their property. As a result, this conduct is protected by the First Amendment and does not qualify for charges under Idaho’s malicious harassment law, as stated by Ryan Hunter in the charging decision document.
During their time competing at the NCAA Tournament in Spokane, Washington, the University of Utah basketball team found themselves staying at a Coeur d’Alene hotel in March. As they were making their way from the hotel to a nearby restaurant, a distressing incident occurred. A truck suddenly approached the group, and its driver directed a racist slur at them. The team continued with their plans and dined at the restaurant, only to be confronted again by the same driver upon leaving. This time, the driver had gathered others who joined in revving their engines and shouting at the players. Tony Stewart, a representative from the Kootenai County Task Force on Human Relations, provided details about the incident during a subsequent news conference.
According to Utah coach Lynne Roberts, the group was left concerned about their safety as the encounters they experienced were extremely disturbing.
The presence of far-right extremists in the region has been a continuous issue for several years. According to the Southern Poverty Law Center, in 2018, there were at least nine hate groups operating in the Spokane and northern Idaho area.
“We experienced numerous incidents of racial hate crimes targeting our program, which was extremely distressing for all of us,” Roberts expressed. “It’s truly shocking to encounter such acts within the realms of athletics and university settings. College campuses are known for their diversity, so incidents like these are not something we come across frequently.”
University of Utah officials chose not to provide any comments regarding the prosecutor’s decision on Wednesday.
In the decision document, Hunter stated that the police conducted interviews with almost twenty witnesses and carefully analyzed hours of surveillance footage. Multiple witnesses, whose testimonies were deemed credible, recounted a racist slur being directed at the group while they were on their way to dinner. However, the descriptions of the vehicle and the person who uttered the slur differed among these witnesses. Unfortunately, the surveillance tapes did not capture any audio of the incident.
According to Hunter’s report, there was no evidence linking the initial encounter at the restaurant to the incident that occurred when the team left. However, the police managed to identify the individuals in a silver passenger vehicle who were involved in the second encounter. One of them, an 18-year-old high school student, allegedly admitted to shouting a slur and an obscene statement at the group.
Prosecutors deliberated over three potential charges against the man: malicious harassment, disorderly conduct, or disturbing the peace. However, they ultimately concluded that there was insufficient evidence to substantiate any of these charges.
Idaho’s hate crime law falls short in addressing racial harassment. Currently, the law only considers such acts as criminal if they are done with the intent to threaten or cause physical harm to a person or their property. Unfortunately, this means that incidents like the one involving a man shouting a racial slur may not be adequately addressed under the existing legislation. In this particular case, the man claimed to have done it as a joke, highlighting a gap in the law’s ability to address such offensive behavior effectively.
Hunter wrote that the claim is not only absurd but also disgustingly abhorrent. By making such a statement, it undermines the idea that the man had the intention to intimidate and harass.
The hateful speech did not meet the criteria of Idaho’s disorderly conduct and disturbing the peace laws. These laws primarily focus on the time and location of noise or disruptive behavior. In this case, the slurs were shouted on a busy thoroughfare during the early evening hours, where the noise level was not unusual for that time and place.
Hunter expressed deep concern and shared the same outrage as the public over the man’s offensive and discriminatory statement. He firmly denounces the use of a racial slur in any situation. However, he acknowledges that, according to existing laws, this particular statement cannot be the grounds for pursuing criminal charges in this case.
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