Authorities in a Phoenix location have decided not to press criminal charges against the gallery’s owner following a disturbing incident last year.
The incident, which was captured on video, occurred while Native American dancers were being filmed.
Officials in Scottsdale condemned the confrontation last February as a disturbing display of prejudice, but concluded that Gilbert Ortega Jr.’s actions did not meet the legal threshold for a conviction.
Ortega, the owner of Gilbert Ortega Native American Galleries, faced three misdemeanor counts of disorderly conduct in connection with the confrontation in Old Town Scottsdale prior to last year’s Super Bowl game.
No response was received when a message was left on Friday at a phone number associated with Ortega’s gallery.
The inquiry conducted by the Scottsdale city attorney’s office has concluded after a thorough review of the evidence. This includes analyzing cellphone and surveillance videos, as well as police reports. The FBI provided valuable assistance during the investigation.
The city attorney’s office expressed their disappointment with the suspect’s behavior, stating that it was highly inappropriate and had a negative impact on the reputation of the Scottsdale community. Nevertheless, the incident did not reach the level of criminality.
Racist Taunts Directed at Dancers
A team of dancers recently showcased their talent in front of the Native Art Market on Main Street, capturing the attention of ESPN. The cameras rolled as they gracefully posed next to a vibrant Super Bowl sign. According to authorities, Ortega began shouting at them during that time.
The video went viral last year and included Ortega saying “you (expletive) Indians” and making fun of the dancers.
Both the city attorney’s office and the FBI’s Navajo speaker determined that Ortega’s Navajo statements to the dancers were not menacing and did not warrant the filing of further charges, according to the office.
There is no racial profiling statute in the state of Arizona. When a crime is committed with prejudice against a person’s race, religion, ethnicity, gender, sexual orientation, or handicap, it may be cited as an aggravating factor.
According to a statement released by the city on Friday, “the conduct as recorded on video in this incident was a nauseating example of the bigotry that sadly can still be found in this country,” even if the judicial process has already ended.
“Instead of embracing and celebrating a Scottsdale that welcomes and respects all people, our community rejects racism and hate speech in all its forms.”
