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Port: North Dakota’s much-ballyhooed hate crime ordinances aren’t being used

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Port: North Dakota’s much-ballyhooed hate crime ordinances aren’t being used


MINOT, N.D. — I love words, as readers of this column probably know by now, and in particular, I love finding new words that precisely describe a given situation. So I was delighted to discover a new one this morning.

To “fudgel” is to pretend to work while not actually doing anything.

I’ll use it in a sentence: Hate crime ordinances are an act of fudgelling.

And they are.

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It’s been

almost two years

since Fargo’s city commission voted to implement a new hate crime ordinance. The law is an intensifier for criminal charges, adding a class B misdemeanor

if a crime is committed

“in whole or part because of the victim’s perceived or actual race, color, religion, gender, disability, sexual orientation, gender identity, national origin or ancestry.”

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When it passed, Fargo’s politicians and activists were elated. They showed the rubes in the rest of the state what a progressive community Fargo is.

“May history and our community see those who did their best to protect us from hate, and those who stood in direct opposition. We must consistently strive for Fargo to be inclusive for all,” Wess Philome, one of the activists who pushed for the ordinance, said upon its passage.

He added that it wouldn’t end up like the hate crime section of state law “that no one has ever been charged with.”

But that’s precisely what has happened. Except, instead of “no one,” it’s been just one. In the first year the ordinance was in place, exactly one person was charged under it — a man who allegedly uttered a homophobic slur

during a physical altercation outside a bar in February 2022.

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He was acquitted.

He represented himself and argued to the jury that he was fighting in self-defense and that when he used the slur, he had no idea if the person he used it against was homosexual. It was enough reasonable doubt for the jury to find him “not guilty” of a hate crime, though we might wonder if a slur during a bar fight, as uncouth as it is, really rises to the level of “hate crime.”

Since then, no other charges have even been filed under the ordinance, according to city of Fargo spokesperson Gregg Schildberger.

I guess Fargo has solved racism by making it illegal?

You can stop laughing now.

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In May, 2022, the city of Grand Forks joined Fargo in implementing a hate crime ordinance, again to the insistence by politicians and activists that

the ordinance was necessary and that it would make a difference.

“Our records supervisor did not find any violations in our system,” Bill Macki, the deputy chief of the Grand Forks Police Department, told me.

These ordinances has been a waste of time and resources.

There is little evidence that these laws deter hate crimes,

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even when the penalties are far more severe than what Fargo has put on the books.

And Fargo and Grand Forks aren’t an outliers.

Few prosecutors around the country

invest time in pursuing these charges and for good reason. These laws require law enforcers to prove motive.

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Faith Dixon (left) and Lily Chang lead protesters around the North Dakota State University campus on Friday, March 26, 2021, to show support for Asian Americans.

C.S. Hagen / The Forum

A normal criminal charge only requires prosecutors to prove that the accused committed an act. They perpetrated an assault, or they stole property. Motive may be part of the prosecution’s case, but it’s not required for a conviction.

Proving motive can be complicated. And even when you can prove that a person committed a biased act during the commission of another crime, should that be illegal? Saying bigoted things is not a crime. Hate speech, as odious as it is, is still free speech. Is it constitutional to criminalize bigoted speech if it’s in the context of another crime?

These are deeply complicated questions. Busy prosecutors trying to get justice for assault or vandalism probably don’t want to risk their convictions by invoking complicated and controversial legal concepts.

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Which, again, is why few prosecutors use these laws. I make no criticism, here, of prosecutors in Fargo or Grand Forks. By declining to use the ordinances, they’re making a prudent decision.

So what was the point of all this?

It was fudgelling — the appearance of work without accomplishing anything.

Hate crime ordinances are a simplistic something preening politicians can take credit for to distract from the lack of progress on the more confounding facets of chauvinism and intolerance in our society.

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Rob Port

Rob Port is a news reporter, columnist, and podcast host for the Forum News Service. He has an extensive background in investigations and public records. He has covered political events in North Dakota and the upper Midwest for two decades. Reach him at rport@forumcomm.com. Click here to subscribe to his Plain Talk podcast.





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Zebra Mussels In North Dakota Lakes: Will It Really Be That Bad?

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Zebra Mussels In North Dakota Lakes: Will It Really Be That Bad?


Zebra mussels are going to ruin all of our lakes right?

Okay, I know I’m going to take some heat on this, but here goes.  We’ve been hearing about zebra mussels for a long time now.  How they will destroy ecosystems, ruin beaches, clog up water intakes, compete with native species, etc.

You’ve seen the commercials and billboards from North Dakota Game and Fish, “Clean, Drain and Inspect.”  Zebra mussels are a problem, but is it really all doom and gloom?  More on that in a moment.

Zebra mussels are now in several North Dakota lakes and rivers, and you can bet more will be added in the future. 

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They include the Red River, Lake LaMoure, Lake Ashtabula, Lake Elsie, the James River, and the Sheyenne River all in eastern North Dakota.

So far western North Dakota has been spared, but you can bet zebra mussels are coming.  Here’s a map and more on ANS-infested waters in North Dakota.

Humans are considered the primary transporter of zebra mussels, but there are other spreaders.  According to Researchgate, waterfowl can transfer zebra mussels at the larvae stage.

What are we going to do about millions of migrating waterfowl each year?  Not to mention other shorebirds, reptiles, and even mammals.

I’m very familiar with zebra mussels.  I have a cabin on Enemy Swim Lake in northeast South Dakota.  We’ve had zebra mussels present in the lake now going on for 3 years.

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(A very small zebra mussel that was found on our beach this past weekend.)

Enemy Swim is located about 5 miles south of Pickerel Lake in South Dakota.  Pickerel Lake has had zebra mussels for a few years longer than my lake.

Despite joint efforts from Fish and Game, cabin owner volunteers, and interns from Fish and Game with inspection points at the boat ramp, zebra mussels still found their way into my lake. I know we all did our part to prevent it, but I sometimes think that eventually, nature will take its course.

Will zebra mussels really ruin a lake? 

There’s a lot of big claims and theories out there.  No doubt it will affect your beach life.  You will have to wear water shoes because zebra muscles can be sharp and could cut your feet.  I know I swim with my water shoes normally anyway, as I don’t like creepy crawlies touching my feet in the water.

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Will zebra mussels cause your lake property values to crash? 

To be honest, no sign of that anywhere.  Much of Minnesota’s lakes are infested with zebra mussels.  People are still spending millions of dollars for cabins on Minnetonka, Pelican, or Detroit Lakes area lakes.

Even Pickerel Lake, next to my lake has people snatching up some very expensive million-dollar cabins. You can’t even find a cabin for sale on my lake.  According to swnewsmedia, there’s no link between a drop in property values and zebra muscles.

Zebra mussels will actually clear up the water they infest.

This might improve the fishing, depending on the lake.  Species like Smallmouth Bass, Perch, Walleyes, and even panfish are known to gorge on zebra mussels.  You might catch bigger fish because of this.

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With cleaner water means you will have more sunlight and more vegetation in the lake.  Again, this is thought to improve the size of the fish.  Fish will have more places to hide and grow bigger.  It may cause anglers to adapt to new strategies to catch fish.  In some cases, it could make fishing more difficult.

As far as whether zebra mussels will destroy the ecosystem of lakes?

I’m going to come right out and say it.  I think this is highly exaggerated.  I’m not a biologist and don’t claim to be one.

Zebra mussels have been in the Great Lakes since the 1980’s.  The Walleyes and Smallmouth Bass have never been bigger.  People are still catching fish and lakes are still alive.

Zebra mussels have been in Minnesota lakes now for decades and the cabin owners I know say nothing has changed except a little extra cleaning on the docks when they pull them out each year.

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Lakes like Lake of the Woods, Mille Lacs, and all of the lakes around Detroit Lakes are still alive and well.

Let’s face it: Even the highly prized Walleye is an invasive species to lakes in our area. 

In conclusion:

When zebra mussels reach your favorite lake it will certainly change the ecosystem. Your “lake life” will likely have to adapt to some necessary changes.

However, will zebra mussels turn your lake into a barren wastewater? I don’t think so.  Adapt or die.  That’s life in a nutshell.

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Do I want zebra mussels in our lakes?  No, of course not.  However, I’m being realistic.  Sometimes you have to look for the good with the bad.

North Dakota’s Top 11 Lakes According To Our Fans

Plant Some Of These In Your Garden to Keep Mosquitoes Away

As we previously told you, mosquitoes are the most dangerous creatures on earth. If you want to keep them away from you’re yard, these plants can help!

Gallery Credit: Michelle Heart





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Color of Hockey: Rangers prospect Emery 'comfortable' heading to North Dakota | NHL.com

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Color of Hockey: Rangers prospect Emery 'comfortable' heading to North Dakota | NHL.com


Murphy played quarterback for North Dakota from 1960-62 and was its coach from 1978-79. He left a lasting impression on Eric Emery, especially after Cal Fullerton went 12-0 in 1984. Murphy died Oct. 29, 2011.

“I guess I kind of transported into EJ, the sense of respect I have for Gene Murphy and what he did for us at Cal Fullerton,” said the elder Emery, who went on to become a linebacker for the BC Lions, Calgary Stampeders and Ottawa Rough Riders of the Canadian Football League from 1985-87.

“He brought us together and he actually told us that we were going to be champions because he saw the capability in us. I just had to have him (EJ) go look at North Dakota because Gene came from there and a lot of his coaches that he brought with him came from there and they were such good guys. So I figured North Dakota must have something going on.”

There’s also a North Dakota connection between the younger Emery and NTDP coach Nick Fohr, who was born and raised in Grand Forks and regularly attended UND games with his father Roger, who was an off-ice official right up until when he died of cancer in January 2023.

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“Oh yeah, we talked about it, for sure,” Fohr said. “Pretty cool place for me and it’s pretty cool to have somebody like EJ interested in that place.

“When people think of an EJ Emery, a Black kid that that’s looking to play hockey, rarely are they going to place him in North Dakota, right? We had some really good conversations about the city, the town and what it’s like. From talking to EJ and his family, they (UND) did a really, really, really good job in the recruiting process in making him feel comfortable, letting him see what it’s like and meeting some football players and other people. It just felt like home to him is how I took it.”

North Dakota hockey coach Brad Berry said Emery had been on the team’s radar since he played for Yale Hockey Academy in Abbotsford, British Columbia, in 2021-22.

“When we got to the recruiting process, he got to know us, we got to know him and it felt comfortable,” Berry said. “When we recruit players, we have a criteria of what we want in a player: It doesn’t matter where you come from or who you are. It matters what you are as a person, and he checked every box that we had.”

Emery (6-foot-3, 183 pounds) is UND’s first Black player since Akil Adams, a defenseman who appeared in 18 games from 1992-94.

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North Dakota has had diverse rosters since. Washington Capitals forward T.J. Oshie, a United States-born player who is Indigenous, played there from 2005-08. Center Jordan Kawaguchi, a Canada-born player of Japanese ancestry, played for UND from 2017-21 and was team captain in his final season.

Emery’s selection by the Rangers and commitment to North Dakota delighted Adams, who played in the minor leagues and Germany after he left the university.

“I’m still a North Dakota guy through and through,” said Adams, who lives in Detroit. “He’s definitely in the right place and I’m happy to see that there’s actually somebody else there. I just think it probably speaks volumes about the kind of player he is.”



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Huskers add top recruit in North Dakota to 2025 class

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Huskers add top recruit in North Dakota to 2025 class


LINCOLN, Neb. (KLKN) – Matt Rhule and the Nebraska football staff got commitment No. 17 in the 2025 class on Sunday, adding four-star defensive lineman Kade Pietrzak.

The highly sought-after recruit from West Fargo, North Dakota, is the No. 1 recruit in his state and chose Nebraska over Oklahoma, Kansas State and Wisconsin.

Pietrzak checks in at 6-foot-5, 240 pounds and has been on Rhule’s radar since he was hired at Nebraska.

He will join two other defensive linemen in the class of 2025: Omaha North’s Tyson Terry and Malcolm Simpson from Texas.

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Pietrzak is the second-highest rated recruit for Nebraska in this year’s class so far behind Simpson.

Categories: Husker Sports, Sports





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