Officials in Scottsdale, Arizona, have determined that no criminal charges will be filed against an art gallery owner who launched into a racist tirade against Native American dancers last year. The incident, which involved Gilbert Ortega Jr., owner of Gilbert Ortega Native American Galleries, was captured on video and subsequently spread on social media. Despite the backlash, the Scottsdale city attorney's office concluded that his actions, called "a nauseating example" of bigotry, did not meet the threshold of criminality.
The confrontation, which took place ahead of last year's Super Bowl, had Ortega facing three misdemeanor counts of disorderly conduct. However, after a thorough review of cellphone and surveillance footage, along with police reports, the city attorney's office decided against prosecuting. According to AZFamily, "The suspect’s behavior was vulgar, very upsetting to all those involved, and tarnished the reputation of the Scottsdale community." Yet, their statement clarified that "the incident did not rise to the point of criminality."
The gallery owner's outburst was directed at a group of dancers performing outside the Native Art Market on Main Street for an ESPN segment. Ortega was heard in the video shouting derogatory remarks, which included "you (expletive) Indians." Despite the hurtful nature of the commentary, it was not deemed threatening upon review by a Navajo speaker in the Scottsdale city attorney's office and the FBI, weakening the potential for additional charges.
In Arizona, hate crime laws do not exist as a standalone category but are considered aggravating factors to other crimes with bias motivations. The city's response, as reported by US News, emphasized community values, stating, "While the legal review has concluded, it is clear that the conduct as recorded on video in this incident was a nauseating example of the bigotry that sadly can still be found in this country. Our community rejects racism and hate speech in all its forms, instead choosing to embrace and celebrate a Scottsdale that welcomes and respects all people."
