On Tuesday night, Burlington city councilors will vote on whether to amend a policy concerning damage to public property. The ordinance would allow people to sue if they can prove someone vandalized public property with hateful or malicious intent toward them. The decision would need to be ruled on by a court. But, if it is proven that graffiti, or other damage, was done “with the intent to intimidate or harass another person because of, or in any manner reasonable related to associated with, or directed toward” characteristics like a person’s race, religion, gender, etc., the change would allow the potential victim to sue for $100 or more in damages. “We’re looking to the intent of the doer, not the effect on the perceiver, I guess,” Erik Ramakrishnan, assistant city attorney, said. “And it would have to be shown that the doer had a malicious intent, which means they acted with a conscious disregard for the rights and safety of others and that their intent was to intimidate or harass somebody.”In addition to voting on this change, the city is also exploring new ways to hold offenders accountable. The city has proposed an online platform that would allow community members to send photo or video evidence of an offender committing this offense and anonymously send it to Burlington police. However, because the expanded ordinance would allow for selective enforcement of certain types of graffiti and damage, and potentially add a “hate-crime enhancement” to the activity, first-amendment attorneys have questioned whether this would begin to impede on a person’s First Amendment rights. Burlington neighbors like Jesse Shilling said they feel there isn’t a cut-and-dry answer. “A lot of people see it as an expression of their personal views and what they want to put out in the world,” Shilling said. Burlington city councilors will vote on the change at tonight’s meeting, which starts at 6 p.m. in the City Hall Contois Auditorium. Correction: A previous version of this article stated Burlington city attorney’s are calling into question first-amendment right concerns.
On Tuesday night, Burlington city councilors will vote on whether to amend a policy concerning damage to public property.
The ordinance would allow people to sue if they can prove someone vandalized public property with hateful or malicious intent toward them.
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The decision would need to be ruled on by a court. But, if it is proven that graffiti, or other damage, was done “with the intent to intimidate or harass another person because of, or in any manner reasonable related to associated with, or directed toward” characteristics like a person’s race, religion, gender, etc., the change would allow the potential victim to sue for $100 or more in damages.
“We’re looking to the intent of the doer, not the effect on the perceiver, I guess,” Erik Ramakrishnan, assistant city attorney, said. “And it would have to be shown that the doer had a malicious intent, which means they acted with a conscious disregard for the rights and safety of others and that their intent was to intimidate or harass somebody.”
In addition to voting on this change, the city is also exploring new ways to hold offenders accountable. The city has proposed an online platform that would allow community members to send photo or video evidence of an offender committing this offense and anonymously send it to Burlington police.
However, because the expanded ordinance would allow for selective enforcement of certain types of graffiti and damage, and potentially add a “hate-crime enhancement” to the activity, first-amendment attorneys have questioned whether this would begin to impede on a person’s First Amendment rights.
Burlington neighbors like Jesse Shilling said they feel there isn’t a cut-and-dry answer.
“A lot of people see it as an expression of their personal views and what they want to put out in the world,” Shilling said.
Burlington city councilors will vote on the change at tonight’s meeting, which starts at 6 p.m. in the City Hall Contois Auditorium.
Correction: A previous version of this article stated Burlington city attorney’s are calling into question first-amendment right concerns.
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