ROCHESTER, Minn. — State and federal investigators are assisting Rochester police as they investigate a vandalism incident at a Rochester legislator’s home over the weekend.

Rep. Kim Hicks, a first-term DFL member of the Minnesota House, awoke Sunday to find racist graffiti painted on her shed, a swastika on a window of her home, and paint over all but one of the surveillance cameras around her house.

It is a clear-cut case of vandalism, but does it amount to a hate crime?

Initially, Hicks told the Rochester Post Bulletin she was convinced that it was a targeted attack. She is married to a Black man and has Black children.

Now, she says it might have just been the Kamala Harris sign in her yard that motivated the vandals, who were seen wearing masks in video footage taken by her cameras.

“We have to say out loud that there is a problem,” Hicks said. “These things can’t keep happening.”

The incident at Hicks’ home was one of two potentially hate-related vandalism incidents in Rochester over the weekend.

According to Rabbi Michelle Werner, a sign outside of the B’nai Israel Congregation was covered in a spray-painted “300,” likely marking the 300 days since the beginning of the Israel-Hamas War. Amanda Grayson, RPD crime prevention and communications coordinator, said the department opened an investigation into this incident as well, but it does not seem to be related to the vandalism at Hicks’ home.

Despite these incidents and a third widely publicized incident near Century High School in April, Grayson said the department has not seen an increase in reported hate crimes over the last few months.

According to Minnesota statutes, a violation is considered a hate crime if a person commits first-, second- or third-degree assault because of a person’s “actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability.”

In April, a racial slur was spelled out using plastic cups in the chain link fence on the pedestrian bridge over East Circle Drive. A town hall meeting held days after allowed community members to share their experiences, which revealed grievances spanning over years of systemic injustice.

Community members, including the Rochester branch of the NAACP, believe the act was, in fact, a hate crime. The organization posted online that it would “be prosecuting any individuals that are doing this.” The post went on to say “this #hatecrime will not stand in our community!”

However, after RPD identified the four teenagers responsible for the racial slur on the bridge, Olmsted County Attorney Mark Ostrem announced that his office would not be filing charges.

In his statement, Ostrem said while the incident was offensive, it fell short of criminal statutes and has protection under the First Amendment of the U.S. Constitution. The statement said the facts fell short of the threshold to be charged as harassment or property damage. The message didn’t damage property and made no specific threats of violence against anyone.

Walé Elegbede, president of the Rochester branch of the NAACP, said the organization hopes for a different outcome with the vandalism on Hicks’ property.

“We’re calling for the severest of penalties because this is a textbook definition of a hate crime,” Elegbede said. “They need to be found. They need to be prosecuted.”

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