Police in Arizona will not charge a gallery owner whose racist rants during a Native American dance performance were caught on video, the Arizona Daily Sun reported.
Scottsdale Police reportedly said Gilbert Ortega Jr.'s actions did not amount to a crime with a “reasonable likelihood of conviction" even though they were a "nauseating example" of bigotry.
Ortega initially faced three misdemeanor counts of disorderly conduct in connection with the incident that took place just before last year's Super Bowl, according to the report.
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“The suspect’s behavior was vulgar, very upsetting to all those involved, and tarnished the reputation of the Scottsdale community,” the Scottsdale city attorney's office said. “However, the incident did not rise to the point of criminality.”
The incident began when Ortega started yelling as a group of dancers performed in front of the Native Art Market on Main Street as ESPN filmed them, according to the report.
Video shows Ortega mocking the dancers and yelling “you (expletive) Indians” at one point, the Sun notes.
“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,” the city said in a reported statement.
“Our community rejects racism and hate speech in all its forms, instead choosing to embrace and celebrate a Scottsdale that welcomes and respects all people.”
