Assemblyman Fred W. Thiele, Jr. (I, D, WF, WE – Sag Harbor) today announced that he supports Governor Cuomo’s proposal to add new legislation that would classify inciting to riot and rioting that targets protected classes as offenses under New York State’s hate crimes law.

These legislative changes, known as the “Charlottesville provisions”, will reaffirm that while peaceful demonstrations are allowed, New York will never tolerate advocacy or the incitement of imminent violence against protected classes within our communities.

Thiele stated, “The tragedy in Charlottesville demonstrates that we have entered a dangerous time in American history when the activities of hate groups like the neo-Nazis, the KKK, White Nationalists, and the Alt-Right are on the rise. Even the East End has seen KKK activities recently. These groups are only further encouraged by national leaders who fail to clearly condemn these activities in unequivocal terms. This legislation demonstrates clearly where New York State stands. Hate must be condemned in the strongest possible terms and the law must reflect that commitment to justice and equality.”

Under State law, a person commits a hate crime when one of a specific set of offenses is committed targeting victims because of a perception or belief about their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, or when such an act is committed as a result of that type of perception or belief. Hate crimes can be perpetrated against an individual, a group of individuals or against public or private property.

Under the Governor's proposal, the Hate Crimes Law would be amended to add inciting to riot and rioting, when directed at a protected class, to the list of specified offenses punishable as a hate crime. The penalties for engaging in rioting would be increased from an E felony to a D felony and inciting to riot would be increased from an A misdemeanor to an E felony.

Additionally, the Assemblyman supports the Governor’s call for an expansion of the state's Human Rights Law to protect all students statewide. Under current law, only private school students are protected by the Human Rights law, meaning that if a public school student is discriminated against in school, that student has no claim.

Following a 2012 decision by the New York State Court of Appeals that found public schools did not fit the definition of an "education corporation or association," the State Division of Human Rights lost its ability to investigate reports of bullying, harassment, or other discrimination being made by public school students. This decision was made despite the fact that the Division had asserted jurisdiction over public schools for nearly three decades and was forced to dismiss over 70 open complaints filed against public schools at the time.