By Sharon Turco
The Cincinnati Enquirer

Cincinnati City Council's Wednesday expansion of the city's hate crimes ordinance to include sexual orientation sounds good. But putting it into practice may mean less jail time for the suspect, according to the Hamilton County prosecutor and legal experts.

Previously the city law made it a first-degree misdemeanor to harass, menace, or deface someone's property based on his or her race, color, national origin or religion. That law mirrored a state law with similar language.

City council voted Wednesday to expand the city's law to include sexual orientation, age and disability. That followed a campaign spurred by Gregory Beauchamp's Dec. 31 shooting death in Over-the Rhine. Police believe he was slain because he was gay.

County Prosecutor Mike Allen said all cases of hate crimes have been handled by his office. The city handles misdemeanors.

"My understanding is that no people were charged under the prior (city) ordinance," Allen said. "You have to ask why is city council doing this, except to pander to a certain group."

A provision in the law says if a slur related to race, color, national origin or religion is coupled with violence or the threat of violence the charge can be elevated - and more jail expected.

A first-degree misdemeanor, for example, is punishable by up to six months in jail. Contrast that with a fifth-degree felony that can mean up to a year in jail.

Since the state law does not include crimes against sexual orientation, the city's charge relating to sexual orientation, age or disability can never be bumped up to a felony.

Allen explained that it would be better to prosecute under a felony charge than to use the city's new law, because it could mean more jail time.

Cases involving ethnic intimidation are rare.

In 2002, seven cases were brought to Hamilton County Common Pleas Court. In 2001, there were nine.

Most involved a racial slur, although one pertained to defacing a synagogue in Amberley Village.

Deputy City Solicitor Robert Johnstone said there is a place for the law.

"These are crimes not covered by the state," he said, adding that not every hate-motivated crime can be elevated to a felony.

At a council committee hearing Tuesday, dozens of gay rights activists urged City Council to approve the hate crimes ordinance. As a result, City Councilman John Cranley, who co-sponsored the bill, said he believes hate crimes may have been underreported in the past.

"This is a new avenue," he said. "It will be up to the police, they will have to decide whether a hate crime is involved when making an arrest."

Christo Lassiter, a University of Cincinnati law professor and attorney, called the city's passage of an expanded law a partial victory. However, it is symbolic, he said.

"There's no litigation impact in a realistic manner," Lassiter said.

It does serve as a political push, he said. "If cities all over Ohio do this, we may see a change in the state law," Lassiter said. "It signifies a growing acceptance of sexual orientation issues in other aspects of life governed by law.

"It's a precedent that shows a trend toward acceptance."

E-mail sturco@enquirer.com