In the past several days, our region has been the target of two racist incidents designed to intimidate members of certain ethnic communities. One has occurred within South Haven and one just beyond our borders. Both have been referred to law enforcement agencies for further investigation.
A suspect who is not from our community has been identified in the first incident, which involved the distribution of anti-Semitic flyers in South Haven and South Haven Township. Our police department led this investigation, which has been turned over to the prosecutor, who is considering charges. The investigation into the second incident, which involved an anti-Black display in a neighboring township is currently ongoing.
Let us be very clear: Hate has no place in South Haven. Hate will not be tolerated here.
We are a diverse and open community, welcoming to all. These incidents are unacceptable, and we condemn them in the strongest terms. We support the efforts of local and county law enforcement to investigate these reprehensible acts swiftly and thoroughly so those behind these crimes can be prosecuted to the full extent of the law. We call on the county prosecutor to review the evidence and to bring appropriate legal charges.
Sincerely,
Annie Brown
Mayor, City of South Haven
In a follow-up statement issued Oct. 4, regarding Antisemitic fliers:
The South Haven Police Department continues to be in close consultation with the FBI, the Anti-Defamation League (ADL), and state authorities regarding the recent distribution of antisemitic fliers in South Haven. These organizations are assisting with the investigation and providing expertise to ensure a thorough response to this hate-based incident. This collaboration reflects the department’s commitment to addressing racism and maintaining safety for all community members.
In past cases, courts have ruled that distributing hate-filled fliers, even those with offensive and racist content, can be considered protected speech under the First Amendment if they do not incite violence or constitute direct threats. However, local and federal authorities, such as the FBI, may still investigate such incidents to ensure they do not violate any laws related to harassment, hate crimes, or public safety, particularly if the fliers create a hostile environment or lead to violence.
Michigan has specific requirements that need to be met in order for an incident to be considered a hate crime, such as incitement or direct threats. Michigan does not have regulations addressing hate speech.
We understand the prosecutor has reviewed our investigation and declined to file charges over the distribution of these fliers. Charges have not been filed by the Van Buren County Prosecutor because the incident appears to fall under protected speech as the content, while offensive, did not meet the legal criteria for incitement to violence or harassment under Michigan law. The First Amendment safeguards even hateful speech, unless it leads to direct threats or violence. This makes criminal prosecution difficult.
We did issue a citation for obscuring a license place to the individual who distributed the antisemitic fliers. We understand this person is from Niles and a member of a group that tries to gain attention by provoking outrage. We also understand the individual intends to continue distributing the fliers. While we recognize the hateful content of these messages is distressing, we encourage residents to ignore these outsiders and deny this group the attention it craves.
Know the South Haven Police Department, in collaboration with the FBI and ADL, continues to investigate to ensure no other laws were violated and to address concerns with the community.
As we said last week, our department stands in solidarity with the Jewish community leaders and organizations to foster an inclusive and respectful environment in the City of South Haven.
