KENT COUNTY, Mich. — Kent County Prosecutor Chris Becker will not file charges after antisemitic flyers were distributed around the Crystal Springs neighborhood this week.
A homeowner in the neighborhood reported the flyers to the Kent County Sheriff's Office Monday morning after seeing a van driving around dropping off the materials in driveways Sunday.
The small flyers were located inside a plastic bag and are meant to spread conspiracies.
The driver distributing the flyers was identified earlier this week.
The Kent County Sheriff's Office requested to charge the driver with one count of ethnic intimidation and one count of littering on private property.
Becker issued an opinion on Wednesday, saying no charges can be filed in this case.
He said the flyers do not fall under the definition of ethnic intimidation, which requires physical contact against a person; property damage targeting that person; or threats to do either of those acts, with the intent to intimidate or harass someone based on their race, color, religion, gender or national origin.
"While the flyers contained anti-Semitic tropes about a variety of topics, the flyers did not make any threats of harm or damage to a person or property belonging to a person to provide reasonable cause to believe that such an act would occur," Becker wrote. "In addition, the law requires a specific intent to harass a person or persons; there is no evidence that a specific home, person, or family in the neighborhood was targeted."
He said if someone was targeted in the distribution of flyers, a stalking charge could have been filed.
Becker also said the driver cannot be charged with littering, which prevents leaving "filth, garbage, or refuse on the grounds or premises of another person without specific permission of said person."
"While the message conveyed in these flyers can certainly be considered 'filth' regarding the message it promotes, the law requires us to consider the ordinary meaning of the words used in the context of the statute to determine the Legislature's intent in proscribing such conduct," Becker said.
He went on to say that while the flyers are "reprehensible," offensive language is protected under the First Amendment as long as there is not a threat of unlawful action.
Earlier this week, the Anti-Defamation League Michigan states this type of propaganda is being found all over the state and country. They say the propaganda is being distributed by a loose network of individuals connected by antisemitism who've been operating in the state for more than a year.
You can report these incidents to law enforcement, as well as to the ADL who can track and analyze where this group goes and can implement countermeasures.
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