By New Times
By Robrt L. Pela and Amy Silverman
By Katrina Montgomery
By Kathleen Vanesian
By Monica Alonzo
By Benjamin Leatherman
By Robrt L. Pela
By Katrina Montgomery
The reception area outside of Leah Landrum-Taylor's office smells of burnt toast. Perhaps a file clerk in the House of Representatives has scorched an English muffin this morning -- or maybe someone is trying to intimidate Representative Landrum-Taylor with a subtle warning. If so, they're wasting their time, because Landrum-Taylor is the power behind a new law that will make it illegal to intimidate people by burning things. Crosses, mostly. But also other stuff, thanks in part to an amendment to Landrum-Taylor's bill authored by Senator Jack Harper, who wanted to spare U.S. troops returning from Iraq the indignity of seeing flags destroyed by fire. Which makes about as much sense as a bill about cross burning that isn't really about cross burning anymore.
New Times: Your bill -- which is about to be passed into law -- criminalizes cross burning. Was cross burning really even a problem?
Leah Landrum-Taylor: Yes. And I've had that comment from people: "What was the point? Why bother?" Well, less than two years ago, we had an incident in Prescott where an African-American family who moved there was greeted with a cross burning in their yard.
NT: And it wasn't left by the Welcome Wagon.
Landrum-Taylor: Right. And when it came time to prosecute, there was [no law] specifically related to cross burning.
NT: So until you stepped in, it was legal for me to burn a cross in my own yard. Or in your yard!
Landrum-Taylor: Actually, you're still welcome to burn a cross in your yard.
Landrum-Taylor: Well, not welcome to burn a cross in your yard, but if it's on your property, there would be other things you'd have to deal with: public safety and things like that.
NT: Senator Jack Harper amended your bill to include language that would make flag burning a crime. Was he trying to kill your bill?
Landrum-Taylor: I don't know what he was thinking. I wish I could jump into the minds of individuals. If I could do that, wow! Everything would be all taken care of. I've spoken to Senator Harper, and I know [flag burning] was a passionate issue of his, and he wanted to make sure that when people from the military got back [from Iraq], they wouldn't be intimidated by having a flag burned in their yard.
NT: He's kidding, right? That doesn't even make any sense.
Landrum-Taylor: Well, I've heard from veterans and others who have served our country who say, "How dare someone have the audacity to say we're going to be intimidated by anything?" They all felt that it was a kind of an underhanded thing to do, to throw that in there with an issue like [cross burning], which is purely about hate and intimidation. Flag burning is usually a form of protest, and that's a whole other issue. I said to Senator Harper, "If this was such a burning issue in your heart, why didn't you introduce a bill specifically for flag burning?"
NT: You didn't actually say "burning issue," did you?
Landrum-Taylor: Yes, but I meant it literally. I meant if it was an important issue to him.
NT: I see. So, what's his deal? He can't possibly be trying to protect cross burning, can he?
Landrum-Taylor: Well, I would hope not. After speaking with him, I've determined that he felt that the two issues were sort of similar. But after he amended my bill, he realized that wasn't the case. And I do have to speak for my good friend Jack Harper to say that when it went to [the] conference committee, he did publicly apologize for putting the amendment on this bill.
NT: Do you think he meant it?
Landrum-Taylor: Yes. Who would not want to get rid of something like this? Traditionally it's been Jewish and African-American families, and who would not want to protect them? I thought it would be a slam-dunk. Oh, my goodness. I was surprised that anyone would want to tamper with this particular piece of legislation.
NT: But you eventually stripped his flag-burning language away.
Landrum-Taylor: Yes, it's off there now. He and I went back and forth about it, and even veterans were saying, "Take off that flag burning from the cross-burning bill, for Pete's sake, it's apples and oranges."
NT: Criminalizing flag burning seems unconstitutional. And anyway, what if I have an old flag with a tear in it that I just don't want anymore, but I don't want anyone else to have it?
Landrum-Taylor: That's called proper disposal. I remember growing up hearing that if the flag touched the ground, you had to burn it. I don't condone the idea that a flag can be burned for intimidation or any other reason than proper disposal.
NT: What if I accidentally spill some lighter fluid on my flag, and then someone accidentally flicks their Marlboro Menthol onto it?
Landrum-Taylor: Right. Why would you want to jeopardize something like that, where you had no ill intent, it just accidentally happened, and then you're prosecuted for it?
NT: Doesn't it seem like Senator Harper was being racially insensitive?