Racism is a crime in New York State

To the Editor:

I am grateful for Marcello Iaia’s article in The Enterprise titled, “Complaints about racial slurs persist at BKW,” because it brought to light the kinds of wounds that people of color and their children endure regularly and over the course of a lifetime. 

I am afraid, however, that readers of the article may come away still unaware that racism — one of this nation’s oldest sins — actually happens to be a crime in New York State. Unfortunately for the victims, the anger and trauma often go unreported because institutional authorities like the Berne-Knox-Westerlo School District have little understanding of how damaging hate crimes are for victims.

Yes, the ritual racial torments that Amyah experienced are classic hate crimes.  Under Title Y of the New York Hate Crimes Act of 2000, acts of physical and verbal violence, abuse, and harassment targeted at someone specifically because of their race constitute hate crimes.

According to the legislative findings in Section 485 of this act: “The intolerable truth is that in these crimes, commonly and justly referred to as ‘hate crimes,’ victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society.

“Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes.”

Amyah was targeted for hateful, threatening comments because of her race. The fact that the Berne-Knox-Westerlo School District did not have any procedures, training, or policies in place to protect students from hate crimes is astounding and speaks to why this type of bias is considered institutional bigotry. Ignorance of the law, and putting off swift accountability is simply unconscionable.

To conflate hate crimes such as verbal racial assault — which scars its victims for life — with simple exercise of free speech explains why many children of color grow up feeling powerless. 

Combating hate crimes requires a multipronged approach. Strategies should include implementing anti-hate policies in schools that include educating children and parents alike about hate crime violence prevention and about safety and self-defense policies. They should include asking religious and community leaders to help promote diversity and acceptance.

They should also include zero-tolerance responses to actual hate crime incidents, including external suspension and reporting of offenses to the police and to the New York State Department of Education.

Well-crafted, strongly enforced hate crimes laws play a crucial role, by creating a deterrent effect and promoting police-community relations. Since New York State enacted its Hate Crimes Act over 15 years ago, there is no excuse for children like Amyah to be tormented because of her race or for a school district to be so insensitive to the criminality of these acts and so disinclined to pursue justice for its children.

Aaron Mair

Guilderland

Editor’s note: Aaron Mair is married to the Altamont Enterprise village reporter, Elizabeth Floyd Mair.

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