Martinez says her 7-year-old son is frightened by the neighbor and would ask what the N-word meant because he heard it so often. But when Martinez’s family reached out to police to end the alleged harassment, they were told the neighbor had not broken any laws.
“As appalling and offensive as the neighbors’ behaviors are, the city attorney and Virginia magistrates have separately reported that the actions reported thus far did not rise to a level that Virginia law defines as criminal behavior,” the Virginia Beach Police Department said in a statement last month. “This means the VBPD has had no authority to intervene and warrants were not supported.”
The VBPD did not return Yahoo News’ request for comment.
Martinez believes if the roles were reversed, or if she were a different skin color, there is no doubt something would be done.
“I feel like if we were a white family, a lot more would have been done,” she said.
Some legal experts say that police can, in fact, intervene in the case.
Kim Forde-Mazrui, a professor at the University of Virginia School of Law, believes the police inaction on the “outrageous situation” is a cause for concern. He also says that the neighbor’s alleged behavior may run afoul of the “fighting words doctrine” that allows the government to sometimes step in when language could incite violence.
Forde-Mazrui said that police should attempt to stop the alleged harassment and let the courts decide from there. “Courts read that [doctrine] narrowly … but if you understand the nature, I think it’s reasonably likely this could cause the family to react.”
But other law enforcement experts say that bringing a hate crime case against the neighbor could be tricky. “You can walk a fine line and not cross over into something ‘actionable,’” Dana Schrad, executive director of the Virginia Association of Chiefs of Police, told the Washington Post. “This neighbor knows exactly how to walk the line, but it doesn’t make his actions any less harmful to the family.”
Meanwhile, Virginia Attorney General Mark Herring told the Post on Wednesday that the neighbor’s alleged behavior is “unacceptable” and that his department’s Office of Civil Rights had been in touch with Martinez.
The situation has roiled Virginia Beach. Michael Berlucchi, a member of the City Council, said last week at a town meeting that while the neighbor’s alleged harassment “may be legal, it’s not right.”
“The safety and dignity of everyone in Virginia Beach has to be prioritized,” Berlucchi told Yahoo News.