After hate visited his McKennan Park home, Sioux Falls attorney calls for calmer voices, better hate crime laws

Friday night, Sept. 12, at about 11:30 p.m., I was the victim of a hate crime in my own neighborhood in McKennan Park — the quiet block I’ve proudly called home since 2010.

I was startled awake by a neighbor who was breaking branches off my tree while shouting obscenities like “F#&% you, faggot” and “get the f#&% out of here, faggot.” He then screamed “liberal faggots killed Charlie Kirk” while continuing to damage my property. When I opened my front door and asked him what his problem was, his answer was simple: “You.”

Law enforcement responded quickly, and I am grateful for that. They arrested this man. But they also warned me that they are limited in their ability to protect me because of South Dakota’s current statutory scheme. He was charged with disorderly conduct — a misdemeanor — and was likely booked and released within a few hours after the incident.

Here is the stark reality: South Dakota’s hate crime statute (SDCL 22-19B-1) only covers crimes motivated by race, ethnicity, religion, ancestry, or national origin. It does not cover crimes motivated by sexual orientation. That means what happened to me — being targeted, harassed, and having my property damaged because of my sexuality — is not recognized under the law as a hate crime.

I’ve built my life in Sioux Falls. I’ve lived on the same block, in the same home, for 15 years. I own four businesses here and employ 80+ people. I’ve invested deeply in this city because I love it. But last night, I was attacked in my own neighborhood simply because of who I am.

This isn’t just about me. It’s about the climate we’re all living in across the nation right now. Rhetoric has become dangerous. Anger and division have become normalized and even encouraged. Political language that dehumanizes or vilifies others gives permission for violence, for harassment, for neighbors to treat one another as enemies rather than as people. Words have consequences, and we’re seeing them play out almost daily.

In moments like this, I am reminded of the words of Dr. Martin Luther King Jr: “Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that.” Those words remind us that the answer to hatred is not more hate — it is love, respect, and kindness.

We need to do better. We need to tone down the rhetoric. We need to remember that kindness, compassion and respect are not political ideologies — they are human values. Regardless of our disagreements, we owe each other a basic level of dignity and respect that appears to have been lost.

And South Dakota, specifically, can and should do better. Our laws should protect every citizen from hate-driven violence, including those targeted because of sexual orientation. No one should have to wonder if their safety matters less under the laws simply because of who they love. Expanding our hate crime statute is not about politics — it’s about safety, fairness, and protection for all citizens of this state.

I’m not sharing this for sympathy. I’m sharing it because I believe we can rise above the hate that seems to permeate any aspect of our world right now, but it requires effort from all of us. It requires our leaders to act. It requires all of us to take responsibility for the words we use and the example we set.

We all can do better. And we must — because lives, and communities, depend on it.

Alex Halbach of Sioux Falls is an entrepreneur, businessman and lawyer who is a partner and co-founder of the Halbach|Szwarc Law Firm.

Photo: replica of Statue of Liberty in Sioux Falls’ Mckennan Park, public domain, wikimedia commons

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