MIDVALE, Utah (ABC4) — A viral video circulating online accusing a Midvale woman of repeated harassment involving racial slurs is raising questions online about why police have allowed the alleged harassment to continue.

The video, which went viral after TikToker TizzyEnt shared his commentary on what he called a “nightmare neighbor” shows a Midvale family being repeatedly harrassed by profane language and racial slurs, including the use of the “n-word.”

BACKGROUND: Midvale responds to viral video of racial harassment spreading online

The Unified Police Department, which has jurisdiction over Midvale, has reportedly been informed of the alleged harassment and has been dealing with the woman for months. Criminal Defense Attorney Clayton Simms – who is not involved in the case – said it’s a First Amendment issue.

“What’s interesting is some language that is offensive, some language that is racist and that is not acceptable in society is still legal under the First Amendment. So some offensive language is still protected speech,” explained Simms. “It’s absolutely unacceptable but is it illegal? Unknown.”

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Simms told ABC4 the alleged harassment is missing an actual threat of violence. A statement saying that she intends to injure the family. Simms explained that speech, no matter how offensive, if it’s not threatening would be protected by the First Amendment.

“Those specific threats would be a problem,” said Simms. “Just generally calling someone the ‘n-word’ or yelling at them, dropping the ‘f-bomb’ on someone, that’s not necessarily a crime, but it does show intent.”

While police aren’t able to take the woman into custody over the use of her speech, Simms said they could speak to the woman. He said officers should tell the woman she shouldn’t interact with the neighbor as her behavior is being seen as offensive and upsetting to the family.

ABC4 reached out to the UPD who said this has been an ongoing issue and issued the following statement on Tuesday afternoon:

“The Unified Police Department (UPD) is investigating the incidents involving a person identified by various media outlets as making harassing and racist statements to neighbors. This harassment is being investigated. In addition to law enforcement solutions, the UPD Midvale Precinct is working with other social service providers to bring about a long-term solution for any individuals involved and the community.

We have confirmed this person has never been a practicing attorney in the state of Utah nor has she ever been an employee of Midvale City.

UPD strives to serve all community members with equality and compassion. We are committed to finding solutions that will foster safe and healthy neighborhoods. We are committed to eliminating racism in our community and will act within our legal authority to accomplish this goal.”

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Salt Lake District Attorney Sim Gill said his office will be asking to review the matter to assess the facts. Midvale City officials, including Mayor Marcus Stevenson, said they are working with the family and law enforcement to find solutions.

So what can the family do? Simms explained there isn’t much.

“I think people are sort of upset about it but, again, there is not much you can do about it because it is protective free speech,” said Simms. “However, eventually, I think this person is going to act on this behavior and get in trouble. It’s just unfortunate and sad that you have to wait for that slow car accident to happen. You have to wait for that slow development. You think you could preempt it by saying, ‘We know where this is going, let’s stop it.’ But you can’t, really, ahead of time.”

According to court documents, the woman, who has been identified by the city as “Ms. Smith”, is facing misdemeanor charges of assault and property damage. Simms said if she is convicted of those crimes, the family could get a protective order against their neighbor – which he said is common in cases of repeated harassment.

Even without the conviction, the family could seek a civil protection order which a judge may issue because of the repeated behavior and criminal charges. The speech so far caught on video may also be used to support an argument of hate crime in any future criminal proceedings.

“There is no reason to interact with your neighbor if you’re that hostile,” said Simms. “They could get a protective order if they feel threatened.”

ABC4 has confirmed the Midvale family did retain an attorney.

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