In the wake of a racial slur on display in Rochester, the question arises: is that a crime?

Apr. 20—ROCHESTER — Does displaying a racial slur on a public bridge count as a crime?

That was the essence of one of the questions that arose during a

community forum Wednesday night at Century High School.

Even though law enforcement hasn't been able to identify a perpetrator from the incident, the question still came to the forefront: what kind of speech is protected?

"What happened is really deplorable," an audience member said at the microphone. "Is there a law that you can actually prosecute it on, or is it covered under free speech?"

The question has prompted mixed responses from authorities and civilians alike.

The discussion comes after a racial slur was found spelled out in the chainlink fence of the

pedestrian bridge going over East Circle Drive on Sunday, April 14.

Although it was quickly removed, the racial epithet was visible to anyone driving northbound on the street below early Sunday morning.

In a news release sent Thursday evening, Rochester Police said the incident was reported to dispatch around 6:20 a.m. Sunday. RPD said at the same time, a state trooper was driving by, observed the offense and removed it immediately. While not on school district property, the pedestrian bridge is often used by Century High School to display encouraging messages and school pride.

Immediately after the incident came to light, the Rochester branch of the NAACP came out with the stance that it was, in fact, a hate crime. The organization posted online that it would "be prosecuting any individuals that are doing this." The post went on to say "this #hatecrime will not stand in our community!"

During Wednesday's panel, however, the question drew more of a mixed response.

"We are in a dilemma right now in this country trying to decide," Mayor Kim Norton said. "What is your First Amendment right to say what you think, and what is hate speech and detrimental to a community?"

Norton went on to explain that after speaking with Police Chief Jim Franklin, the offense would likely be — at most — a misdemeanor. She did not, however, elaborate on what the actual charge would be.

Olmsted County Sheriff Kevin Torgerson said in order to prosecute, there would have to be an intended victim rather than just a general statement.

In a later interview with the Post Bulletin, Rochester City Attorney Michael Spindler-Krage emphasized that point as well, saying that simply displaying an offensive word doesn't necessarily make it a hate crime.

RPD Capt. Jeff Stilwell also briefly touched on the question during the town hall meeting.

"It's a losing battle to try to drive the hate out of people," Stilwell said. "I think we need to focus our work on community building and inclusiveness and making people feel welcome so the harm is lessened."

Despite law enforcement's lack of optimism during the live discussion, the authorities are looking into the situation. RPD asks anyone with information about the incident to contact Detective Gagnon at 507-328-2743. Tips can also be shared anonymously through

Crime Stoppers,

1-800-222-TIPS.

RPD, however, did not indicate what kind of charges, if any, it would recommend to prosecutors if the perpetrator was identified.

"Racism, language that perpetuates hate, and all prejudice contradict the values of RPD and the City as an organization," the statement concluded.

The department said it is placing a mobile camera in the bridge area for surveillance purposes.

The person who took the photo of the message on the bridge briefly spoke at the town hall. She said she didn't post the photo with prosecution in mind. She just wanted the word taken down.

Another audience member from the town hall meeting emphasized a perspective similar to Stilwell's. He said perhaps there should be less emphasis on criminalizing whoever the person may be and more emphasis on helping them understand how hurtful the message was.

What good would prosecuting them do? Would it incentivize them to come forward? Would it prompt them to understand the level of hurt they caused?

Superintendent Kent Pekel responded to that stance, saying there needs to be more accountability for such a hateful message than merely trying to help them understand the error of their ways.

"It's verbal violence," Pekel said. "There does need to be punishment if we can find out who did it. It's a misdemeanor — they're not going to go to prison."

But if it would be only a misdemeanor, what would the actual charge be? Olmsted County Attorney Mark Ostrem briefly explained that it is hard to provide a generic answer to the question due to the complexity of the laws.

"I have not seen any investigation so cannot speculate about potential charges or defenses," Ostrem told the Post Bulletin via email. "Crimes of bias and First Amendment rights are both very complex issues and should be analyzed in the perspective of a full investigation."