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Brazoria not sure about ‘N-word’ ban
Published January 21, 2007
BRAZORIA — When Mayor Ken Corley heard some prominent black Americans discussing on a television news program that there should be a law against the “N-word,” he had an idea on how to deal with that particular word in his city.
Since seeing that program three months ago, Corley said he has been gauging the public’s views on the “N-word” and whether they would support an ordinance against using it.
“It’s in the exploratory stages right now,” Corley said. “So far, there are people for it and people against it.”
Corley said he has not seen a problem in Brazoria with the “N-word” being used very often, but he believes someone needed to address the problem on a larger scale. However, Corley said the ordinance would not apply to other racial slurs, nor is there a law on the books now criminalizing their use.
Marie Hicks, co-owner of Custom T-shirts, who is white, wouldn’t say whether she would support the ordinance. But she said she has noticed something interesting since Corley brought up the issue — she’s hearing the “N-word” twice as often as before.
Still, Corley said, “I don’t expect it to be a problem or an issue in our area.”
Legal arguments
The First Amendment prevents the city from outright banning the “N-word,” but it can pass an ordinance against its use in certain contexts, Corley said. Under Brazoria’s proposed ordinance, such uses would be a class C misdemeanor punishable by up to a $500 fine.
In a letter to Corley and City Council members, City Attorney Charlie Stevenson wrote the ordinance could be established under state laws authorizing the city “to adopt ordinances for the good government, peace order and welfare of the municipality.”
Also according to Stevenson’s letter, the U.S. Supreme Court has ruled, “free speech is not absolute at all times and under all circumstances,” and that speech that can be regulated involves “language which is lewd and obscene, profane, libelous and insulting, or fighting words, which by their very utterance inflict injury or tend to incite an immediate breach of peace.”
“I believe the council has the right to pass the ordinance,” Stevenson said. He also said he thought the ordinance could be enforced, but it would have to be done on a case-by-case basis.
Brazoria Police Chief Neal Longbotham said he didn’t expect anyone to get arrested if the ordinance passes and it would be strictly a ticket-type of offense. As far as being able to enforce it, he said it was like any other law in that it would be the police department’s duty to enforce it.
Longbotham also said that he didn’t think that the ordinance would increase the volume of calls to the department, but that he could be wrong.
According to an attorney at The First Amendment Center at Vanderbilt University in Nashville, however, passing the ordinance might not be that easy.
Attorney David Hudson said the U.S. Supreme Court ruled in 1992 against the idea of banning or criminalizing only race-based “fighting words” or to single them out.
“To single out certain viewpoints for discrimination would be unconstitutional,” Hudson said.
Ministers split
This month, Corley had a meeting with some area ministers to get their input and about 60 percent of them supported such as ordinance, he said.
Pastor Ricky Jones of The Living Word Christian Fellowship Church in Brazoria, who is black and one of those who attended the meeting, said he thinks Corley is doing a good thing by pushing the ordinance. He said he does not like the “N-word” being used and he believes it should not be used by people of any race.
“I do not think I can expect you to respect me if I don’t respect myself,” Jones said in reference to black people using the “N-word.”
Stephen Dunlap, pastor of The Church in Brazoria, who is black, sees a downside to criminalizing the word, however.
“I strongly oppose the proposed ordinance on the ‘N’ word,” Dunlap wrote a statement to The Facts. “If I thought the proposed ordinance could be the solution or part of the solution, I would strongly support it, but I only see it causing more hurt, division in communities and bitterness among our black youth.”
Ed Baker Sr., the overseer of Magnolia Bible Church, and Melvin Johnson Jr., pastor of Heart of Christ Community Church in Brazoria, both of whom are black, also opposed the idea of an ordinance against the “N-word.”
“Frankly, I voiced my opinion in opposition against it,” Johnson said. “One primary reason is that an attempt to ban that one word wouldn’t be effective.”
Baker said he thought it was courageous of Corley to suggest the ordinance, but he is not in favor of it.
Deacon Jimmy Smith of St. Joseph’s Catholic Church, who is white, said he would support the ordinance, but he didn’t know whether it would be successful.
Public view
Brazoria residents are disagreeing over the idea of an “N-word” ordinance, but for different reasons.
Luanda Oliver, who is black, said she thought the ordinance was a good idea, and Carol Davis owner of A.W. Davis Tire & Auto Center Inc., who is white, said, “I understand what he’s trying to do, and I am never against respect.”
Amanda Garza, a Hispanic resident who just moved back to Brazoria from Georgia, said she is against the use of the word and would support Corley’s ordinance. She said both of her children are bi-racial and have been subjected to racial slurs.
“It’ll make people think twice and be more responsible,” she said.
Grace Shed, who is white, compared the ordinance to the recent ordinances against smoking in people’s personal vehicles, and that it was just going too far.
“Personally, my niece is mixed already, and I don’t like the word, but I don’t think he (Corley) should be able to pass that law,” Shed said. “It’s absolutely wrong and it’s infringing on my First Amendment rights.”
“I think it is a good idea, but I don’t say the word,” said De De Truitt, who is white. “But if the city feels they need to pass it, I’ll be behind them 150 percent.”
Desirée Evans covers West of the Brazos communities for The Facts. Contact her at (979) 237-0152.
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