Arizona police submit charges against art gallery owner seen on video insulting Indigenous performers

By Caroll Alvarado and Sharif Paget, CNN

Police have submitted charges against the owner of a Native American art gallery for disorderly conduct after he was shown on video “yelling” at Indigenous performers outside a shop in Scottsdale, Arizona, authorities say.

The group was performing Tuesday at around 11:30 a.m. in the neighborhood of Old Town Scottsdale when Gilbert Ortega “began yelling at the performers causing a disturbance,” the Scottsdale Police Department said in a Thursday statement.

After an investigation, the department “submitted charges against Mr. Ortega for three counts of disorderly conduct, which is a Class 1 misdemeanor,” the statement added. The charges were submitted to the City of Scottsdale Prosecutor’s Office, which handles misdemeanor cases.

Cody Blackbird, who told CNN he has been performing for 15 years and is of Dakota and Eastern Band of Cherokee descent, recorded the interaction on his phone.

In the video, which has been seen widely on social media, Ortega can be seen standing in front of his shop apparently mocking Native American chants and pretending to hit a drum.

Someone in the crowd then yells, “Can you get out of here?” before Ortega yells, “MAGA country! MAGA country!”

“He was mocking our chanting and then said something in Navajo that’s so taboo, some people won’t even translate it,” Blackbird said.

Someone in Blackbird’s party responded with “step into the street” before Ortega walked up to the group and then is pulled away by a woman who takes him back into the store.

According to Blackbird, Ortega had been yelling racist insults at the group for a few minutes before he decided to record the interaction. Blackbird, who lives in Casa Grande, Arizona, said he has never had an interaction with Ortega before Tuesday.

Ortega gave a statement to CNN affiliate KTVK/KPHO, saying that he was “embarrassed and ashamed” by his actions.

“I have watched the video and … I see that I came off as incredibly insensitive toward the Native American community and that was not my intention. I deeply apologize for this,” Ortega said in the statement, according to KTVK/KPHO.

The statement added: “My family has traded with the Native Americans for over 5 generations, and I continue to do so to this day. I grew up with the Navajo and Zuni cultures in Gallup, NM. So, I have always had the deepest respect and admiration for Native Americans and their ingenuity. Again, I apologize for my actions, and if I could go back and change my words and behavior, I certainly would,” according to KTVK/KPHO.

CNN has reached out to Ortega for comment.

An informational page on his gallery website says his family “has been trading with the Native American community since the early 1800’s” and features Native American art and jewelry for purchase.

City officials condemn incident

Blackbird said the group initially was inside another shop located across the street when an ESPN film crew asked if they could perform outside, where the network is hosting a Super Bowl event.

“We were filming inside the Native Art Market and then ESPN suggested we move outside and get a shot in front of the Super Bowl sign, and that’s when Gilbert came out of this store and started spouting his racist rhetoric,” Blackbird said.

Heather Tracy, co-owner of the Native Art Market, told CNN that Ortega started harassing the performers when they were on the street making their way over to the Super Bowl sign with the ESPN film crew.

ESPN declined to provide a statement when reached for comment, citing the police matter.

Blackbird said Ortega approached him and the owners of the Native Art Market on Wednesday and tried to apologize, but Blackbird feels it’s not enough.

No one called police to the scene, Blackbird told CNN, but he says he was later contacted by Scottsdale police, who asked if he wanted to file a report. The Scottsdale Police Department did not indicate in its statement how it was notified of the incident.

Kelly Corsette, a spokesperson for the City of Scottsdale, told CNN the city condemns what happened outside the gallery.

“Scottsdale prides itself as a welcoming community for all people. We are sad that this incident occurred and offer our full support to those who were targeted. The city condemns this individual’s racist comments — they do not represent our community,” Corsette said.

Scottsdale Mayor David D. Ortega — no relation to Gilbert Ortega — released a statement following the incident, saying the “despicable language and rage directed to Native performers is reprehensible and inexcusable.”

“Two years ago, when Native Art Market opened in Old Town, I welcomed them wholeheartedly to our community. Today I met in person with them to express solidarity and assure them that the City of Scottsdale is pursuing the matter to the fullest extent of the law,” the statement added.

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CNN’s Julie In contributed to this report.