The Los Angeles Criminal Law Blog

Boys Detained For 'Ginger Day' Attacks

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Several red headed students at A.E Wright Middle School in Calabasas were bullied, shoved, and kicked on November 20, after a "Kick a Ginger Day" event was promoted by other middle school students on Facebook.com.

The prank was inspired by a South Park episode that aired in 2005. The episode intended to parody racial prejudice by having the character Cartman provoke a hate campaign against red headed children with freckles.
So far, three boys have been detained on suspicion of bullying. Two of the boys are 12 years old and face charges of battery on school property. The third is age 13, and was arrested for cyberbullying -- the act of threatening to cause injury through electronic communication. The students will face discipline within the school with a possible five day suspension. The superintendent of the Las Virgenes Unified School District Donald Zirming says the students will not be expelled.

The Associated Press reports that it's unclear whether the middle school students will be submitted to possible prosecution and whether they'll be in need of a criminal lawyers in Los Angeles and Calabasas. They could face possible misdemeanor charges, but since they are still children and not being tried as adults, it's likely that they will get away with lenient punishments.  Adults can receive up to a year of jail time for such an offense.

Los Angeles residents are debating whether the incident should be labeled as a hate crime. Hate crimes are acts of violence that are intended to hurt and intimidate someone based on race, ethnicity, national origin, religion, sexual orientation or a disability. While having red hair does not specifically fit into one of these categories, the bullies targeted individuals based on a specific type of physical appearance. Hence, this type of violence can lead red heads to feel vulnerable, alienated and fearful, creating a new type of prejudice. 

Investigators don't believe the "Kick a Ginger Day" crime fits the description of a hate crime, but many red heads would probably beg to differ. Perhaps if the incident was "Kick a Jew Day" the school district would be taking the incident a little more seriously.





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