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'Hate Crime' near WETbar
Assailants allegedly used anti-gay slurs

By RYAN LEE
OCT. 26, 2007
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RYAN LEE

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‘Time has come’ for Ga. hate crimes bill

Last month, a state-appointed committee headed by state Sen. Bill Cowsert (R-Athens) met to study the proposed Georgia hate crimes law.

Sen. Vincent Fort (D-Atlanta), the bill’s sponsor for nearly a decade, said he had one simple message for the group: “Now is the time.”

“I made the point of saying a study committee is fine, but the time has come to pass this bill,” Fort said this week. “This bill has been the most thoroughly vetted bill in the legislature in the past eight or nine years. The time has come.”

Fort said instances like last week’s allegedly anti-gay shooting outside popular gay club WETbar make passing a state hate crime bill critically important.

Fort’s bill, which will come up again when the Georgia General Assembly reconvenes in January, enhances the penalty by up to five years for crimesbased on real or perceived “race, religion, gender, national origin, or sexual orientation and gender identity.”

Fort drafted the Georgia hate crimes bill that was passed and signed into law in 2000, but the Georgia Supreme Court ruled that legislation “unconstitutionally vague” in 2004 because it didn’t list specific protected categories.

According to 2005 FBI hate crime statistics (the most recent available), 17 hate crimes were reported in Georgia by four participating law agencies out of 71 eligible agencies in the state. The four are the Atlanta Police Department, the University of Georgia, and Fulton and DeKalb County Police Departments.

Of these 17 reports, 10 were anti-gay hate crimes. Five of the 10 were reported from UGA while two were from the APD and three from the Fulton Police Department. Race accounted for four reported hate crimes in Georgia in 2005, religion accounted for two and ethnicity accounted for one case.

Officer Darlene Harris, the LGBT liaison for the APD, said the department continues to report hate crimes to the FBI and will likely report the WETbar shooting as one.

The Georgia Bureau of Investigations trains its officers to recognize and pursue hate crimes, but the GBI finds its hands tied because there is no state law that allows hate crimes to be prosecuted, Fort said.

At a March hearing on the hate crimes bill, GBI Director Vernon Keenan urged passage.

“I’m absolutely convinced hate crimes are a special category of crime that merit the attention of the legislature and the citizens of this state,” Keenan said at the time. “A hate crime victimizes not only the individual … they victimize an entire community.”

Kyle Bailey, political director for Georgia Equality, the state’s largest gay rights group, said the organization was present at the study committee’s meeting last month and will continue to educate and lobby legislators for the bill.

“We are only one of five states that does not have a hate crimes law. We’re committed to being present at meeting and hearings and representing our community,” he said.

-Dyana Bagby

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Atlanta police continue to search for a group of men who fired gunshots at several gay men standing outside of WETbar in the early hours of Oct. 19.

A 28-year-old gay man was grazed by a bullet that ricocheted off of WETbar during the drive-by shooting, but he was not seriously injured, according to Officer Darlene Harris, LGBT liaison for the Atlanta Police Department.

“The investigator hasn’t released anything yet,” Harris said Tuesday, adding that there is no average length of time for investigations to be complete. “It really depends on the leads, so you really can’t tell.

“It seems like this [shooting] has a lot of leads,” Harris added.

The shooting victim — whose name is being withheld because attempts to contact him at his home were unsuccessful — was one of 400 people who passed through WETbar’s doors Thursday night, Oct. 18. The popular gay dance club was hosting its weekly “College Night” as well as the closing party for the gay "Out on Film" festival, according to WETbar general manager Krystee Manifold.

After WETbar closed at 3 a.m., the victim and a friend went next door to the Chevron gas station located on the corner of 10th and Spring streets, where other gay patrons were already inside, according to Harris. Shortly after the men arrived inside the convenience store, a tan Chevy Blazer carrying three men pulled into the gas station.

One of the men appeared to be intoxicated, and began harassing customers and complaining about the number of gay people inside the gas station, Harris said.
 

‘Definitely a hate crime’

“I don’t understand why there are so many faggots here,” the man said, according to Harris.

As the three men returned to the tan Chevy Blazer, the shooting victim and his friend left Chevron and walked past WETbar.

“As the victims were walking past the WETbar, the SUV drove up to them, again shouted slurs at the victims, and the suspect fired four to five times at the victims,” according to an APD incident report.

Although Georgia has no hate crimes law (see related story, this page), the Atlanta Police Department annually reports the number of hate crimes in the city to the FBI. The APD is investigating the WETbar shooting as an anti-gay incident.

“This is definitely a hate crime because of what was yelled at the victims,” Harris said.

Chevron surveillance cameras captured images of the vehicle and shooter, who is described as a black male, about six-feet-three-inches tall, weighing between 210-230 pounds and wearing a teal shirt and jeans with teal coloring on them.

“They’re working off the surveillance video and the witness statements,” Harris said of APD officers investigating the case. The shooting victim was transported to a local hospital, released the same day, and is recovering nicely, Harris said.

“I spoke to the victim and he’s doing better, and he is in good spirits,” Harris said.

Jason Davis, 34, was inside WETbar when the gunshots rang out, and said he knows the shooting victim.

"He's a real nice guy," said Davis, who estimated that no more than 50 people were still at the club at the time of the shooting. "It was pretty chaotic for a while."

WETbar regularly has off-duty police officers serving as security on weekends, but none were working the Thursday night before the shooting, said manager James Nelson. Interviewed at the club the night after the incident, Nelson emphasized that the conflict began at the Chevron station and that WETbar was simply in the background when the shooting occurred.

“It’s a shame that we still have to worry about this kind of thing,” Nelson said of anti-gay hate crimes.

The APD officer on duty Friday told Nelson and Manifold that she was the most popular person in WETbar, with everyone coming up to her and asking if she was all right, and wondering if she was present the night before.

Clark Hurst, 26, comes to WETbar about five nights a month, but wasn’t at the club when the shooting took place. Partying with friends Friday night, he was shocked to hear about the drive-by, but won’t let it deter him from going to WETbar or other gay clubs.

“You never think something like that would happen in Atlanta, especially Midtown,” Hurst said. “You wonder what people are really capable of doing when they don’t like a group of people.

“I mean, gunfire?” Hurst continued. “Why should anybody have to worry about being shot just for going to a club or hanging out with friends, just because some people don’t like gay people.”

Dyana Bagby contributed to this report.




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