Local Gay Community Speaks Out Against Discrimination

Murrieta real estate agent Michael Crawford recently openly announced that he is gay, and said the response from a least one fellow agent was not pleasant.

"Hey how is the fag business? Lost the wife and now looking for a boyfriend? Good luck with that homo..." the email he received in August said.

Crawford reported the email to the Murrieta Police Department, who said the email did not constitute a threat, thus a crime report based on California Penal Code 422.6 was not taken.

California Penal Code states, in part: "No person shall, by force or threat of force, injure, intimidate, interfere with, oppress or threaten another person and/or damage, destroy or deface property of any person enjoying any right or privilege secured to him/her by the Constitution or the laws of the State of California." Click here to read the full code.

"The law is very clear that non threatening speech is protected," said Murrieta police Lt. Tony Conrad. "Generally some type of threat, injury or vandalism coupled with the hate crime enhancement (listed above) would meet the threshold for us to investigate and possibly arrest."

Conrad stated that 422.6 is generally an enhancement to a crime the department is investigating, such as assault or vandalism.

"If the emails continue," Conrad said, "and they are perceived by the victim to be annoying or harassing, the Penal Code section of 653(m) could apply."

That section of the Penal Code states, in part: "Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor." Click here to read the full code.

Computers are included in the applicable list of electronic communications. According to 653(m), a person convicted of the violation could face a misdemeanor.

Crawford said he has not received any further emails from the person, and that while he "understands the police can't do anything," he has reported the email to the California Department of Real Estate to "see if they can take any action."

Crawford also expressed growing concern over another ongoing form of alleged discrimination against a son's friend in Menifee, which would be under the jurisdiction of the Riverside County Sheriff's Department.

Since 2009, the victim, then a high school student, said the harassment began in high school and has continued at the family's home. The family has asked not be identified.

"Homophobic slurs and graphic pornographic images were drawn on my vehicle, at my home and at school," wrote the now 19-year-old. "Eventually (the accused) began pounding on our front door at all hours of the night, typically two to four times a month at random moments.

"In permanent marker on our front door, on three or four different occasions, the words, 'FAG,' 'Faggot,' 'RIP,' 'Bye! Bye!' [were written]. He even left a note at about 5:30 in the morning recently after pounding violently on our front door, which said 'I’m back FAGGOT!' On another prior occasion a brick was thrown at our front widow."

The victim's family said they continued to report the incidents to the Riverside County Sheriff's Department, and filed a restraining order against the alleged harasser.

Sheriff's Deputy Angel Ramos said he could not confirm how many times the department responded to the residence, but did confirm they responded Aug. 26.

"The deputy took a report for violation of a restraining order as per California Penal Code 273.6(a)," Ramos wrote in an email to Patch.

"The Riverside County Sheriff's Department takes all crimes seriously. We ensure people's rights guaranteed by the U.S. Constitution, California Constitution, and state laws are protected for all citizens," Ramos wrote.

The case, alleging a violation of the protective order, was submitted to the district attorney's office.

John Hall, spokesperson for the Riverside County District Attorney's Office, confirmed the charge had been filed and that the accused is due in court Oct. 7. According to Hall, the misdemeanor is punishable by up to one year in county jail.

About the misdemeanor charge, the victim's father wrote to Patch:

"Obviously we strongly believe that he should be charged with a hate crime, however based on our last conversation with the Sheriff they indicated that they were only filing it as a violation of his restraining order, which is disturbing to me, as I (we) believe it is much more serious than that."

He believes the acts allegedly committed against the family home and his son were hate crimes. He cited Penal Code 422.5, which classifies a hate crime as "one committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability, gender nationality, race or ethnicity, religion or sexual orientation...A "Hate crime" includes, but is not limited to, a violation of Section 422.6."

Nicole Duca, chairman of the board for the Parents, Families and Friends of Lesbians and Gays (PFLAG), Temecula Chapter, which serves Southwest Riverside County, is aware of the Menifee case.

"It has gone way past the normal level," Duca said.

According to Duca, statistics show that LGBT (Lesbian, Gay, Bisexual, Transgender) kids are the most targeted for harassment.

"There should be a safe zone on every (high school) campus," Duca said.

PFLAG Temecula has assigned a retired Los Angeles policewoman, DeeDee Lewis, as its liaison for local school districts.

Lewis said in the case of the email received by Crawford, he was right to document it. In the event it escalates, he will have the documentation, she said.

"The best part is he took a report, he filed it away," Lewis said.

Regarding the Menifee case and any other incidences involving young LGBTs, Lewis said she has started working with local school districts to create Gay Student Alliance (GSA) clubs on high school campuses.

"This is my life's passion, to protect vulnerable people," Lewis said.