Case Explained: AG says local hate crime rules ‘off limits’ as Spartanburg adopts ordinance – Legal Perspective

SPARTANBURG, S.C. (FOX Carolina) – The South Carolina Attorney General’s Office has issued an opinion saying hate crime ordinances are “off limits” for cities and counties.

South Carolina is one of two states that has not passed a statewide hate crime law. The other state without legislation is Wyoming.

The AG’s opinion comes as more than two dozen local municipalities have enacted local hate crime ordinances.

The latest community to pass such an ordinance is the city of Spartanburg, where council members unanimously adopted the measure Monday night to applause from the audience.

The ordinance carries a sentence of up to 30 days in jail and up to a $500 fine for crimes motivated by race, religion, sexual orientation or gender.

Just hours before Spartanburg’s vote, a letter from Attorney General Alan Wilson’s office was made public stating it is the AG’s opinion that ordinances like Spartanburg’s are “off limits” because local governments cannot criminalize something that is legal on the state level.

The letter also warned that a local ordinance could be struck down by the courts.

“The use of hatred to intimidate others is repulsive and has no place in society. Our opinion herein in no way intends to undermine the important of Home Rule or the ability of local governments to condemn racial, religious, or other forms of hatred,” the letter, written by Solicitor General Emeritus Robert Cook, said.

The letter went on to say: “In our opinion, criminal hate crimes ordinances have been rendered ‘off limits’ by our State Constitution and this form of criminal behavior may be addressed only by the General Assembly.”

However, City of Spartanburg attorney Bob Coler said he read the AG’s opinion and came to a different conclusion.

He said he thinks a court would uphold the local ordinance because there’s no statewide law that conflicts with it.

“To our knowledge, no state law speaks to hate induced criminal behavior and therefor our local ordinance does not conflict with state law, nor has the State preempted the field of hate crime,” Coler said in an emailed statement. “We believe our ordinance would survive any legal challenge based in the notion that it is inconsistent with the Constitution or general laws of the State.”

South Carolina is one of only two states that does not have a hate crime law. But more than 20 cities and counties have enacted ordinances adding penalties for crimes motivated by bias.

Gov. Henry McMaster, a former attorney general himself, was asked about the office’s opinion Tuesday. He said the issue needs debate, but South Carolina already has plenty of laws on the books that just need to be enforced.

“Judges and the magistrates I believe are the answer,” McMaster said. “If they would use those laws that we already have and implement them fully and carefully then that would be the way to keep a lid on things. That is the ultimate answer in law enforcement.”

Spartanburg is the most recent city to pass a hate crime ordinance, but Orangeburg passed a similar measure last week, and Orangeburg County did the same in August.

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