Battling a symbol of hate

Legislators offer differing bills to ban swastikas

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State Assemblyman Brian Curran (R-Lynbrook) and State Sen. Todd Kaminsky (D-Long Beach) both want to thwart what has become an annual tradition of a group called the International Raelians: displaying a swastika inside a Star of David on a banner that is flown over beaches in Nassau County and Queens on July 11, which is known by some groups as International Swastika Rehabilitation Day.

As an assemblyman last year, Kaminsky introduced legislation that would ban public displays of swastikas on billboards, in aerial displays or by similar methods that result in “uninvited public viewing.” Now, in the Senate, he has proposed an identical measure that makes such displays a crime: first-degree aggravated harassment, a felony. Curran’s measure in the Assembly includes the same penalty.

“There are already symbols you cannot paint, etch or draw on any real property,” Kaminsky said. “No one here favors rehabilitating the swastika, and if you are flying it over the South Shore of Long Island you are looking to terrorize,” he added, considering the region’s significant number of Jewish residents.
At one time a symbol of German nationalism, the swastika was appropriated by the National Socialist, or Nazi, Party, the political organization that came to power under the leadership of Adolf Hitler in 1930s Germany, and was responsible for the Holocaust.

Kaminsky’s bill needs companion legislation in the Assembly, but Curran said he would not change a bill he introduced last year to amend current hate crime law to include the word “display” with regard to swastikas. Current state law bans swastika graffiti, but does not prevent the display of the symbol on private property.

“You would think, at first blush, it would be a violation of the First Amendment,” Howard Greenberg, a Smithtown-based lawyer who represents clients in First Amendment cases, said of the potential legislation. “But I will equate [swastika displays] to cross burning. No one appreciates a cross being burned on their property. I’m not quite certain [the legislation] will stand up to constitutional, First Amendment scrutiny, but cases are not made in the Legislature.”

Curran said that regulation of aerial displays is not the jurisdiction of the State Legislature, but rather is controlled by the U.S. Department of Transportation and the Federal Aviation Administration, agencies that regulate flight standards and commercial aviation.

“Enacting sound legislation, based on constitutional principles, is vital to ensuring that the law can withstand challenges by those who intend to cause harm to society,” Curran said, adding of Kaminsky, “While I respect the senator’s view on the issue and believe that his proposal is well intended, it is my opinion that such legislation would not pass judicial scrutiny, and thus would do very little in helping address the horrible situation facing those affected by the intentional hate speech displayed by these plane operators.”

Kaminsky introduced his bill last year because, he said, Curran’s bill would not stop aerial banners. “[T]he Assembly bill is based on banning the display of a swastika on real property, and I fail to see how any real property is involved when a banner is flown over the ocean,” he said. “That is why I drafted what I believe is a more effective and applicable piece of legislation. However, I am willing to work with anyone from any party in order to protect our beaches from frightening displays of hatred.”

In reaction to the proposed laws, Jason Starr, the Long Island chapter director for the New York Civil Liberties Union said: “New York has a policy of inclusion and equality for all, and swastikas in some cases are intended as a symbol of oppression and discrimination that hurts and intimidates many New Yorkers. But the government generally cannot censor or criminalize expression — even when it is offensive — without raising speech concerns.”

Rabbi Herschel Billet, the spiritual leader of Young Israel of Woodmere, the largest Orthodox congregation on the South Shore, said that the swastika is a symbol of “vile, murderous racism and should be eradicated.” He added that knowing exactly what it is is important. “I believe in education,” Billet said. “People must be taught about all forms of bias, hatred and racism. They must be taught about what [the swastika] represents, why it is evil and why it cannot be tolerated in our midst.”

Rabbi Shaul Rappeport, the spiritual leader of the Lido Beach Synagogue and a grandson of Holocaust survivors, said he is particularly sensitive to the swastika issue. “In a world where anti-Semitism, bigotry and racism continue, sadly, to plague us, it is important to address them through legislation,” Rappeport said. “We look forward to seeing [Kaminsky’s] bill passed into law.”

The State Legislature’s last day in session is June 16. The lawmakers will reconvene next January.

The International Raelians did not return calls requesting comment by press time.

Have an opinion the proposed anti-swastika laws? Send your letter to the editor to jbessen@liherald.com.