The San Fernando Police Department (SFPD) submitted its investigation of the Drag Story Hour protest to the Los Angeles District Attorney’s office earlier this month. The statute of limitations for the DA to formally press charges ends in October of this year.
In October 2023, conservative “parental rights” demonstrators blockaded Library Plaza at the San Fernando County Library, preventing Pickle the Drag Queen from entering for a voluntarily attended drag storytime event hosted by Supervisor Lindsey Horvath.
“Through video footage and other resources, we were able to see that there were four people total that we thought were responsible for denying the freedom of movement in a public space for our victim,” said Detective Sergeant CJ Chiasson.
“We were able to identify two of the four people involved … and efforts were made to contact the individuals and get a statement about what occurred.”
SFPD presented a case for violation of Penal Code 647c, which states that “Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place, or on or in any place open to the public is guilty of a misdemeanor.”
Chiasson said this charge does not have specified penalties, but typically a misdemeanor charge can be anything from a fine to a year in county prison.
“A misdemeanor is not nothing,” said Pickle. “I’m not necessarily confident that it is a sufficient charge, but I’m also happy that things are moving and I am confident that the DA will take a hard look at it.”
Now it is up to the DA to decide what direction is taken – they could dismiss the case, file based on the charges presented or even file with different charges, if they determine there were other violations.
Pickle said she hopes the DA will file “anything that reinforces the fact that this was a discriminatory crime and that it had absolutely everything to do with my gender expression and my sexual orientation.”
Video footage from the demonstration shows protestors surrounding SFPD and Pickle, blocking her from multiple entry points, shouting vulgarities like “pedophile” and “groomer,” calling her a “sick child molester piece of sh*t” and even telling her to “go kill yourself.”
Kelly Stuart, a documentarian who photographed the library protest, believes demonstrators violated the Ralph Act, which “prohibits acts of violence or threats of violence against a person or their property based on personal characteristics, such as race, ethnicity, sexual orientation, gender identity or religion.”
“I’m surprised they are ignoring the battery on their own officers,” Stuart added, alluding to protestors blocking and putting their hands on police officers.
What Constitutes a Hate Crime?
When Pickle filed the incident report with SFPD, she told officers that she believed this was a violation of her civil rights and that she was being targeted because of her gender expression.
SFPD did not file any investigation of a hate crime with the DA, only the misdemeanor charge.
“It didn’t meet the threshold for a hate crime in California,” said Chiasson. “In reviewing the case, and reviewing the Penal Code and the criteria that have to be met for a hate crime, we didn’t feel that given the circumstances of the case that it rose to that level.”
Penal Code 422.6 reads, “No person … shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her … because of one or more of the actual or perceived characteristics of the victim.”
“Obviously, there’s an undertone of that in this investigation,” said Chiasson. “That’s part of the investigation, and it’s presented with the investigation, but it was not intended as a crime.”
In LA, the DA typically only handles felony cases and the City Attorney handles misdemeanor cases. Because the City of San Fernando is small, both the city’s misdemeanor and felony cases get filed with the DA.
“If the DA feels that it should rise to the level of a hate crime, based on their interpretation, they absolutely can file it as a hate crime,” said Chiasson.
A representative with the DA’s office said it can take some time for a case to be reviewed and filed on the DA’s end.
“We’re glad to bring some resolution to this case. I think it’s important, for our victim in this case and the community, to have some closure,” said Chiasson. He added that he is proud of his officers’ work and believes they presented the best possible case to the DA.
“The San Fernando Police Department is steadfast in its commitment to ensure that all segments of the community feel safe and protected here,” added SFPD Chief Fabian Valdez.
“We want everyone in San Fernando, whether they’re coming to work, visit or live here, to feel safe and know that they have a responsive police department.”
Anti-Hate Resources
LA vs. Hate states someone can report a hate incident by calling 211 or online.
They work as a resource hub that connects victims with organizations that can provide counseling, mental health resources, compensation and legal aid. The San Fernando Valley Sun/el Sol spent 30 minutes on hold before speaking to a 211 representative.
For a criminal case, victims are required to file a police report or pursue criminal charges with local law enforcement.
If a victim is not satisfied with the local law enforcement investigation or charges presented, Linda Bustamante, program manager for LA vs. Hate, said, “They can still obtain resources from us to support them,” such as getting connected with legal counsel to further pursue the case.
The California Civil Rights Department (CRD) similarly works as a resource hub for victims of hate. Civil cases can also be filed through the CRD – for example, workplace harassment or housing discrimination. Civil remedies include restraining orders, actual damages, punitive damages, civil penalties and attorney’s fees.
Given her expectations with the system, Pickle is content with the outcome thus far.
“I’m happy that the police have even filed charges. I know that any justice, in the system as it exists, is substantial. Of course, it’s not enough, but I didn’t expect enough,” said Pickle. “To be disappointed, you have to have expectations.”
This resource is supported in whole or in part by funding provided by the State of California, administered by the California State Library in partnership with the California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.