Lawmaker trying to close loophole that excludes LGBTQ+ community from ethnic intimidation law

In September, Channel 11 News brought you the story of a North Side man who said his neighbors attacked him, calling him homophobic slurs before hitting him with a brick. Those neighbors were charged but not with a hate crime and that’s because in Pennsylvania sexual orientation isn’t protected.

“She starts throwing punches then he starts throwing punches, and the next thing I remember is laying face down in the gravel,” said Micheal Albertini.

Albertini shared pictures with Channel 11 News immediately following the attack, the photos show his arms and legs bruised and neck in a brace. Injuries police said happened when Albertini was attacked by his neighbors, Lisa and Patrick Miller.

>>> Pittsburgh man says he was attacked by his neighbors over his sexuality, police investigating

The couple was arrested, and Patrick was charged with aggravated assault, a felony. But the victim wanted to see them charged with a hate crime.

Unfortunately, the district attorney’s office could not, because the state’s statute doesn’t protect sexual orientation:

“The Ethnic Intimidation statute (18 Pa.C.S.A. 2710) covers threats, and intimidation ‘toward the race, color, religion or national origin of another’. Sexual orientation is not included and would require the PA legislature to amend the statute.”

“That’s extremely upsetting because you would consider throwing a brick at someone and hurling all those slurs to be a hate crime,” Albertini said.

“It is pretty incredible that we aren’t providing those protections against hate crimes,” said State Representative Dan Frankel, who represents Allegheny County.

Currently, Pennsylvania is one of only 15 states that doesn’t already protect sexual orientation and members of the LGBTQ+ community.

Frankel is the prime sponsor of House Bill 1027, which would expand the state’s ethnic intimidation statute to protect sex, gender, gender identity, gender expression, sexual orientation, age, and disability. It passed the State House in 2023 but is still waiting for the State Senate to bring the bill to a vote.

“Republicans and Democrats sent over a bill to the senate that would close this loophole and we need our senate colleagues to bring it up for a vote,” Frankel explained.

The Senate has just two weeks left in session to bring the bill up for a vote.

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