From: Gayeditor@aol.com Date: Thu, 4 May 1995 02:20:32 -0400 Subject: gay flag burning not hate crime from update, southern california's gay and lesbian weekly newspaper Authorities Say Burning Gay Flag Not A Hate Crime By Harry McCann For Update SAN DIEGO - It was usual for Carlos Flores to fly both the American flag and the rainbow flag outside his home in Allied Gardens. They were both at half-staff, in mourning for the tragedy in Oklahoma City when, sometime between 8:00 p.m. Easter Sunday, April 21 and 8:45 a.m. on Monday, April 22, someone burned the rainbow flag. They did not destroy it completely, but burned it and left the American flag unscathed. Flores called the police and reported the incident. He said the police were prompt getting to him, "They got out here by 9:15 or so." He then added, "But the officer didn't know what the rainbow flag meant. I told him I wanted to report it, to have him file it as a hate crime, but he said it would most likely be listed as vandalism." Next stop for Flores was the Lesbian and Gay Men's Community Center to report what had happened. He also expects, as a third step, to talk to Sixth District City Councilmember Valerie Stallings about the incident. Stallings belongs, along with Flores, to San Diego Frontrunners, a political and running club. "I want to make sure that this is listed as a hate crime," Flores told Update, "They left the American flag alone and burned the Gay flag." A spokesperson at San Diego's Anti-Defamation League (ADL) initially professed a lack of awareness of the rainbow flag's significance, but said the burning of it, by itself, would not be eligible for inclusion on a list of hate crimes. "It wouldn't even be in the category of 'incidents of bias' without something to indicate the flag was burned for anti-Gay reasons," said Kathy Poulin of the ADL. Asked if the fact that the American flag remained untouched was an indicator of motive, Poulin said, "I know it's very difficult, but the fact the other flag was left alone could mean that whoever burned the flag heard someone and didn't have time to light the second one. It doesn't mean, by itself, the action was hate motivated." According to Poulin, if a note or some graffiti had been found at the scene, the action might have qualified as a hate crime for purposes of the police report. Speaking for the ADL, Poulin added, "We have a committee that screens what we get from the Sheriff, just to be sure we list only crimes that are definitely hate crimes" Poulin said. Poulin is the coordinator for Hate Crimes Registry, the two- week-old, county-wide service provided by the ADL. With the cooperation of virtually all local and county law enforcement authorities and agencies, as well as the City of San Diego's Human Relation Commission, the Hate Crimes Registry will attempt to, at first, merely take what local agencies have reported to the Sheriff's Department, and incorporate it into a registry for the use in finding ways to reduce such crimes. Poulin said there may be additional activities in the future but the new Registry, "wants to stay small and go slow for now." Although nothing was written or scrawled at the site, and no notes were found, Flores says he has had the word "Fag" scratched into a sign at the front of his home several months ago. If that kind of thing had continued, and a pattern of harassment had developed, police could have begun surveillance of the property, and the burning might have been prevented. Flores says there really hasn't been a pattern. Flores said he would continue pressing the city through the police and as many other channels as were available. He said he would do it because although in the purest technical sense of the law he's not a victim of hate crime, he knows he is a victim of hate.