City of Columbus v. Spingola

Kennedy, Judge.

On June 27, 1999, defendant-appellant Charles S. Spingola, climbed a flagpole on the Ohio Statehouse grounds and cut down a rainbow flag, which was flying as a part of a gay pride celebration. For this behavior, Spingola was indicted on one count of ethnic intimidation, a violation of Columbus City Code 2331.08(A). In its indictment, plaintiff-appellant, city of Columbus, alleged that Spingola committed the predicate offense of criminal damaging and that the motive or reason for the offense was the victim’s sexual orientation.

The following evidence was presented at a jury…