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No Charges for Arizona Gallery Owner in Racist Rant Against Native American Dancers

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Authorities in a Phoenix suburb have decided not to press criminal charges against a gallery owner following an incident last year. The owner’s offensive remarks, which were captured on video during the filming of Native American dancers, will not result in legal action.

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, was charged with three misdemeanor counts of disorderly conduct in connection with a 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 Scottsdale city attorney’s office announced on Friday that it has concluded its investigation.


No Charges in Disturbing Incident: FBI Assists Scottsdale Investigation

no-charges-for-arizona-gallery-owner-in-racist-rant-against-native-american-dancers
Members of the FBI are seen as they work with French authorities to conduct a raid to recover art at the headquarters of the Michele Vasarely Foundation in San Juan, Puerto Rico, on April 11, 2023.

The office thoroughly reviewed all the evidence in the case, which included cellphone and surveillance videos, as well as police reports. The FBI provided valuable assistance during the investigation.

“The suspect’s behavior was highly inappropriate and deeply disturbing to everyone involved, causing significant damage to the reputation of the Scottsdale community,” stated the city attorney’s office. Nevertheless, the incident did not reach the level of criminality.

A group of dancers had been performing in front of the Native Art Market on Main Street while ESPN filmed the group and had them pose by a Super Bowl sign. According to authorities, Ortega began shouting at them during that time.

In the video, which went viral on social media last year, Ortega can be seen ridiculing the dancers and using offensive language towards them.

As per the city attorney’s office, it has been determined by a Navajo speaker within the office and the FBI that the comments made by Ortega to the dancers in Navajo were not deemed threatening. Consequently, no further charges will be pursued.

Arizona does not have a specific law addressing hate crimes. This factor can be considered in cases where a crime is driven by prejudice against someone’s race, religion, ethnicity, gender identity, sexual orientation, or disability.

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