Hamtramck council passes minority intimidation law opposed by ACLU, LGBTQ+ advocates

Amid growing tensions between the city's LGBTQ+ and Muslim communities, Hamtramck City Council voted unanimously this week to approve a new law to penalize minority and ethnic intimidation, a move that was strongly opposed by ACLU Michigan and queer activists who fear the law will be used to target them.

"The ACLU will be watching very closely" to see if this ordinance punishes activists and protesters, Ramis Wadood, an ACLU attorney, said at the Tuesday council meeting.

The new ordinance sets punishments for anyone found guilty of intimidating or harassing someone "because of that person's race, color, religion, gender, sexual orientation, or national origin," according to the text of the law. The incident also has to involve physical contact, damaging property, placing an object on a vehicle or making threats. The punishment is up to 90 days in jail and a $500 fine.

The Tuesday vote came after an intense debate and heated exchange between the all-Muslim elected leadership and liberal activists, with both sides accusing the other of being intolerant during the nearly four-hour council meeting. A queer activist called for more protests while Hamtramck Mayor Amer Ghalib fired back at some LGBTQ+ advocates, telling them: "You are the one who is causing all this tension, not us. You can't come and threaten us."

Activists are trying "to make it (Hamtramck) look like it's all queer," Ghalib added. "That's not going to happen."

After the council voted in June to ban LGBTQ+ pride flags from being flown on city property, some activists called for a year of protests. They have been placing pride posters, stickers and other symbols in support of their cause on some buildings and walls, including over the posters of some elected officials. Liberal activists fear the new law will be used to fine and jail them for their protests against city officials. They said there has been a spike in vandalism this summer against pride flags and attacks against LGBTQ+ people.

On the other side, some have complained about campaign posters of city councilmen being defaced with queer symbols and a sticker reportedly left on the mayor's car. The Free Press has observed stickers with pro-queer messages placed on some campaign posters. The part of the resolution that referenced targeting vehicles was not included in an earlier version, Wadood noted.

Ghalib, who recommended the new ordinance, said the law is needed to protect both LGBTQ+ people and Muslims from acts of bigotry.

"I denounce any kind of vandalism," Ghalib said. "And this is just one way to express our rejection to this vandalism whether it's to you (LGBTQ+ people) or to others (Muslims). Just a two way street to stop it from both sides."

Ghalib also criticized what he said was a flyer depicting him and calling him a "terrorist," calling it Islamophobic. Former Mayor Karen Majewski said she found the flyer in a trash can recently. It's unclear if there was more than one flyer, or who made the flyer.

"You're labeling every Muslim as a terrorist," Ghalib said.

Ghalib has faced criticism for meeting two times in recent weeks with Michael Flynn, a former Trump aide who has previously made remarks seen as anti-Muslim.

"If I disagree with you, you can't call me a bigot or a terrorist," Ghalib said. "You come to warn me about the Republicans ... you're acting worse."

Ghalib appeared to make a reference to some children facing $1,000 fines for recent vandalism. He didn't offer specifics on the case, but suggested police overreacted.

More: Ex-Trump advisor Michael Flynn visits Hamtramck to engage with Muslims and mayor

He and Mayor Pro Tem Mohammed Hassan, one of six members of the council, said people who obey the law have nothing to fear from the new law, implying that people opposing the law are the ones committing acts of vandalism. Hassan said LGBTQ+ stickers have been placed on his forehead and mouth on images of him on posters.

"I don't know why some people are worried if you have no intention to keep doing it," Ghalib said. "I'm not worried because I have no intention to do it. Put 10 years in jail (in the ordinance), I don't care, because I'm not going to do it."

LGBTQ+ activist Gracie Cadieux called for continued protests, speaking out against the new ordinance

"We all know why this ordinance exists, because of our response to your flag ban," Cadieux said of the new law. "You brought about every sticker, every poster. Every action that has occurred from the Queer community directed at this council has been by your own design. You guys ... chose to do that on June 13, when I stood up here and I told you, if you chose to brand your hate on civic government we would respond, we would resist, we would protest you."

Before the council members voted to approve the ordinance, she said to them, using an expletive: "If you pass this resolution I am calling upon the queers of Hamtramck to once again paper ... this city with stickers, with protests, with outright dissent to what you're doing."

Wadood, the ACLU attorney, said at the meeting that as a Muslim man with brown skin, he's sensitive to the issue of hate crimes targeting minorities in Hamtramck, but "this ordinance is not the right approach."

More: Hamtramck city council ousts commissioners who raised LGBTQ+ flag

Wadood told the Free Press the new law is unnecessary because "there is already a near-identical state ethnic intimidation law and various other property destruction laws on the books. We don’t need multiple laws criminalizing the same conduct thrice over. I understand the need to combat hate and discrimination, but threatening jail time for hateful speech or actions isn’t a thoughtful or effective way to bring the Hamtramck community together."

Moreover, "multiple elected officials took issue with stickers being placed on their cars as an act of protest, and they channeled a personal vendetta into a law that carries criminal penalties," he said. "Not only is that inappropriate, but the law they passed is not even going to prevent or penalize the very conduct they personally took issue with."

Also during the meeting, the city council voted unanimously to remove Majewski from the DDA (Downtown Development Authority) board, accusing her of being divisive and opposing state money for Hamtramck. They also rejected a proposal to use license plate readers to track cars. Wadood of ACLU Michigan praised the council for rejecting the license plate readers, saying they could be abused by law enforcement.

Last week, ACLU Michigan also raised concerns about city council placing some restrictions on public comments.

Ghalib said during the meeting he has been trying to meet with LGBTQ+ activists, but alleges they are demanding he first put a pride flag outside City Hall. He indicated there may an upcoming meeting with some activists.

Contact Niraj Warikoo: nwarikoo@freepress.com, Facebook.com/nwarikoo, Twitter @nwarikoo.

Below is a copy of the new ordinance on minority or ethnic intimidation passed unanimously by Hamtramck City Council on Sept. 12, 2023.

This article originally appeared on Detroit Free Press: Hamtramck City Council passes new bias crime law opposed by ACLU