Native American dancers who were the target of a suburban Phoenix gallery owner’s racist rant as they were being filmed for Super Bowl week are pushing for hate crime charges.

Gilbert Ortega Jr., the owner of Gilbert Ortega Native American Galleries, has been charged with three misdemeanor counts of disorderly conduct regarding the incident, Scottsdale police said.

Cody Blackbird, a dancer and flutist who filmed the man’s tirade, said his group doesn’t feel safe {snip}

“Us performers are now going in different entrances and parking in different places. This man is known,” Blackbird said. “There’s a 10-year-old girl who was there. She’s forever imprinted with ‘This is what happened when the Super Bowl came to town.’”

The group is seeking the involvement of the FBI, U.S. Justice Department and Arizona Attorney General’s Office.

The confrontation happened Tuesday afternoon in Old Town Scottsdale, which has been seeing a high volume of visitors in town for the big game and the Phoenix Open. Ten dancers were performing in front of the Native Art Market on Main Street. ESPN was filming the group in the store and then had them pose outside by a Super Bowl sign.

That’s when Ortega started yelling at them, Blackbird said. In the video, Ortega can be seen mocking them and yelling “you (expletive) Indians” at one point.

This is Gilbert Ortega Jr, during the middle of a performance celebrating native American culture outside his store screaming "this is maga country" along with racist bs.
Gilbert owns the store he standing outside of, the store sells native American memorabilia. pic.twitter.com/qyYsVi1r2Q

— 🥀_Imposter_ (@Imposter_Edits) February 9, 2023

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Disorderly conduct does not qualify for a hate crime designation under the FBI’s definition, according to Scottsdale authorities. The FBI website describes a hate crime as “often a violent crime, such as assault, murder, arson, vandalism, or threats to commit such crimes.”

Blackbird, who is of Eastern Band Cherokee and Dakota descent, said some Navajo performers heard Ortega make threats in their language that had violent and sexual innuendos. {snip}

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