The city employee accused of hanging a racially insensitive sign at the Department of Public Works garage this summer will not be charged under the state's hate crime laws.
As a result of an agreement with the Niagara County District Attorney's Office, James Curtis, 52, of 218 80th St., will now face one misdemeanor charge of aggravated harassment in connection with the placement of a "whites-only" sign above a DPW drinking fountain in August.
Curtis appeared in Niagara Falls Court on Tuesday where Chief Judge Mark A. Violante agreed to follow a recommendation from the DA’s office and dismiss a felony hate crime charge, one of two filed against Curtis in the case. As a result of Tuesday’s decision, Curtis is scheduled to return Nov. 10 to Niagara Falls City Court where he will face one charge of aggravated harassment in the second degree, a class A misdemeanor.
Outside the courtroom following Violante's decision, Curtis' attorney Harvey Siegel said an investigation of the facts in the case conducted by the DA's concluded that the harsher hate crime charge was not appropriate under the circumstances. Siegel said the DA’s office arrived at its conclusion following interviews with other DPW employees – including several African American workers. Siegel said some of those employees have since written letters on Curtis’ behalf, asking Mayor Paul Dyster’s administration for leniency in the case. Siegel said statements from the employees support his client’s claim that he is not a bigot, but rather someone who exercised poor judgment. Siegel said the letters also suggest attempts at humor involving race are “accepted forms of shop talk” and not uncommon among DPW employees from various ethnic backgrounds.
"I think it was previously said that it was a poor attempt at a joke and he intended no malice," Siegel said.
Curtis, a veteran employee of the Public Works Department, was suspended without pay after he was accused of posting a "Whites Only Water Fountain" sign over a water fountain at the New Road DPW garage on
Aug. 13. He was charged Aug. 29 with aggravated harassment in the second degree, a class A misdemeanor, and a hate crime, a class E felony, under the state's Hate Crimes Act of 2000. Under Civil Service law, the city was allowed to suspend Curtis without pay for up to 20 days. Curtis returned to work following the 20-day suspension, only to be sent home with pay. The city is now in the process of attempting to fire him.
Assistant Corporation Counsel Christopher Mazur said Tuesday's court proceedings have no bearing on Curtis' standing as a city employee or the city's attempt to have him dismissed.
Contact reporter Mark Scheer at 282-2311, ext. 2250.
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