"Ohio Man Sentenced to 18 Years in Prison for Firebombing a Church that Planned to Host Drag Show Events"

From a Justice Department press release Jan. 30:

Aimenn D. Penny, 20, of Alliance, Ohio, was arrested and charged last year with one count of violating the Church Arson Prevention Act, one count of using fire to commit a federal felony, one count of malicious use of explosive materials, and one count of possessing a destructive device. On Oct. 23, 2023, Penny pleaded guilty to the church arson hate crime and using fire and explosives to commit a felony.

According to court documents, on March 25, 2023, Penny made Molotov cocktails and drove to the Community Church of Chesterland (CCC), in Chesterland, Ohio. Angered by the church's plan to host two drag events the following weekend, Penny threw two Molotov cocktails at the church, hoping to burn it to the ground. Through Penny's guilty plea, he admitted to using force through fire and explosives, intending to obstruct CCC congregants in their enjoyment and expression of their religious beliefs….

Comments

[apedad]

Full DOJ link: https://www.justice.gov/opa/pr/ohio-man-sentenced-18-years-prison-firebombing-church-planned-host-drag-show-events

[Eugene Volokh]

Thanks, added it.

[Noscitur a sociis]

Good.

[John F. Carr]

18 USC 247 punishes a person who "intentionally obstructs, by force or threat of force, any person in the enjoyment of that person's free exercise of religious beliefs, or attempts to do so".

The defendant in this case pleaded guilty and the government did not need to prove that religious as opposed to secular enjoyment was interfered with. If a case goes to trial how does the law distinguish between drag shows that happen to be at a church and drag shows that are an exercise of religious beliefs?

[Krayt]

Like he would have tried to burn down a bar or mall that hosted one? The church status was incidental?

[Soronel Haetir]

I don't think that would matter, firebombing the church would presumably interfere with other events as well. It's not the bomber's motive that is being examined, it is the site-goers use of the locale.

My problem is much more that I'm not seeing a constitutional bases for Congress to legislate on such local matters (although, unfortunately, that fight was lost decades ago).

[Old Smokin' Egg]

Indeed. I assume that Ohio has laws against arson, and that they'd apply in a case such as this one. So why do we need additional Federal laws?

[Brett Bellmore]

Well, originally, you needed them because some state governments were, essentially, complicit in attacks on some minority groups within their territory, and would not prosecute those responsible.

So, as 14th amendment enabling legislation, the federal government established parallel laws against a wide range of crimes so long as some sort of civil rights 'hook' was present.

I say originally, because nobody really doubts that Ohio would gladly prosecute church firebombings, and today it's mostly just an excuse to exercise the general police authority the federal government deliberately wasn't given, and to moot the double jeopardy clause if state prosecutions acquitted.

[David Nieporent]

If a case goes to trial how does the law distinguish between drag shows that happen to be at a church and drag shows that are an exercise of religious beliefs?

Why would the law need to? Burning down a church interferes with people's free exercise of religious beliefs regardless of whether one particular event at that church is secular or religious.

[Krayt]

Is that the context of raising church burnings above other arson? That it happens to be a church, as opposed to religious (or racial) intimidation?

[Dr. Ed 2]

I ask the flip side -- what are the tax consequences of having secular entertainment in a building enjoying numerous tax exemptions because it is solely for religious use?

[Sims]

Remind me again how those two NY lawyers who threw a molotov cocktail into a police car were sentenced.

[rloquitur]

And yes, there's that.

[NvEric]

B.S.
Only for prevention of "drag shows" did this case reach the light of day.
Federal overreach !

[wolfefan]

Do you think other cases involving churches being burned haven't "seen the light of day"?

[Dr. Ed 2]

Remember the incident where Trump went into the park carrying the Bible? Memory is that there has been an arson attempt on that church the night before, with fire damage. I don't recall anyone being prosecuted for it.

Also, I don't think that "burned down" is a prerequisite to this charge.

[rloquitur]

Yes, but if you committed arson and actually killed someone, the DOJ will recommend 10 years because you were protesting the death of George Floyd. I don't think criminals like this guy are entitled to cosmic fairness when it comes to sentencing, but the DOJ has some obligation here.

[John Rohan]

18 years for an attack that did no damage, and didn't hurt anyone? Some people get less than that for murder.

The church was unoccupied at the time of the attack and sustained minimal damage, owners said. The drag show event set for that weekend went on as planned.

https://fox8.com/news/alliance-man-sentenced-for-firebombing-church-that-was-planning-drag-events/