§ 2-112. Consideration of hate crimes and anti-Semitism in enforcing laws.

(a)

Definitions. For purposes of this section, the following terms are defined.

(1)

The term "hate crime" includes the commission of a felony or misdemeanor that evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim, based on the standards used to determine whether penalties for crimes shall be reclassified based on evidence of prejudice during the commission of said crimes according to F.S. § 775.085. The term "hate crime" shall also include the commission of a felony or misdemeanor that evidences prejudice based on mental or physical disability as defined by F.S. § 775.0863(1)(b).

(2)

The term "definition of anti-Semitism" includes the following:

a.

Anti-Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals or their property, or toward Jewish community institutions and religious facilities.

b.

Examples of anti-Semitism include:

1.

Calling for, aiding, or justifying the killing or harming of Jews (often in the name of a radical ideology or an extremist view of religion);

2.

Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as a collective—especially, but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions;

3.

Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, the state of Israel, or even for acts committed by non-Jews;

4.

Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust; or

5.

Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interest of their own nations.

c.

Examples of anti-Semitism related to Israel include:

1.

Demonizing Israel by using the symbols and images associated with classic anti-Semitism to characterize Israel or Israelis, drawing comparisons of contemporary Israeli policy to that of the Nazis, or blaming Israel for all inter-religious or political tensions;

2.

Applying a double standard to Israel by requiring behavior of Israel that is not expected or demanded of any other democratic nation, or focusing peace or human rights investigations only on Israel; or

3.

Delegitimizing Israel by denying the Jewish people their right to self-determination, and denying Israel the right to exist.

4.

However, criticism of Israel similar to that levied against any other country cannot be regarded as anti-Semitic.

(b)

In investigating whether there has been a violation of law, the Bal Harbour Police Department shall take into consideration the definitions of hate crime and anti-Semitism for purposes of determining whether the alleged violation was motivated by intent to commit a hate crime or anti-Semitic intent, consistent with the federal and state statutes prohibiting hate crimes.

(c)

Nothing in this section may be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States, or the State of Florida's Constitution. Nothing in this section may be construed to conflict with Federal or State discrimination laws.

(Ord. No. 602, § 2, 12-13-17; Ord. No. 604, § 2, 3-20-18)

Editor's note

Ord. No. 604, § 2, adopted March 20, 2018, changed the title of § 2-112 from "Consideration of anti-Semitism in enforcing laws" to read as herein set out.