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Rabbi arrested, banned from Cleveland universities over his anti-Palestinian activism
(JTA) – For days, students and police at Cleveland State University had been trying to figure out who stole a banner belonging to a campus Palestinian rights group.
The banner, which belonged to the student group Palestinian Human Rights Organization, read “CSU Solidarity for Palestinian Rights” and was illustrated with an outline of Israel, the West Bank and the Gaza Strip collectively emblazoned in the Palestinian flag. A dove holding an olive branch appeared on top of the image.
Then, on Jan. 19, police charged their top suspect: a local Orthodox rabbi, whose presence on campus had become all too familiar. A few days later the man confessed to the theft on Instagram, announcing that he had stolen the banner from the school’s student center “as an act of civil disobedience.”
“This incitement to annihilation of Israel should have never been permitted at CSU,” Rabbi Alexander Popivker, a 46-year-old Cleveland Heights resident whose neighborhood is six miles from the school, wrote on social media accompanied by a picture of the flag he stole.
It was far from Popivker’s only recent run-in with local university students.
A former Chabad-Lubavitch emissary in Naples, Italy, who now works in the Cleveland area as a handyman and part-time rabbi for a Russian-speaking Jewish community, Popivker has become known around town as a vigilant and omnipresent pro-Israel advocate. He can often be spotted counter-protesting at local pro-Palestinian demonstrations, or putting on displays of his own, with his wife Sarah on hand filming every contentious encounter.
One major theme of his protests, and his worldview, as he explained to the Jewish Telegraphic Agency: “Palestinians and Nazis are the same thing.”
For the last year, Popivker had been making weekly trips to Cleveland State, occasionally accompanied by other students or community members, to give public demonstrations that elaborate on that idea — sometimes with the aid of swastika-emblazoned props. In the early going, the university provided him with police protection and said his visits to campus were protected by free speech laws.
But he also sought out students online and in-person whom he deemed to be “brainwashed” by anti-Zionist messaging. One such online campaign against a law student prompted the student to file an order of protection against Popivker last fall, an order supported by a prominent Jewish dean at the university. Popivker promptly violated the order by returning to campus.
Cleveland State University main campus, Cleveland, Ohio. (Getty Images)
In late January, university authorities had enough. They arrested Popivker and, following a hearing, declared him persona non grata on campus, banning him from the university grounds for at least two years. Popivker has also been banned from nearby Case Western Reserve University, where he had advocated before focusing on Cleveland State.
In the midst of a nationwide university climate in which pro-Israel advocates claim Jewish students face regular antisemitic harassment for their real or perceived Zionist beliefs, here was a documented case of the opposite: a Jew and outspoken Zionist, who has no affiliation with the schools at which he advocates, accused of harassing anyone he perceived as a threat to Israel, including students who had never sought him out directly.
The Ohio chapter of the Council on American-Islamic Relations has spoken out numerous times against Popivker and praised university police for arresting him; a petition the group backed, labeled “Stop harassment on campus” and mentioning Popivker by name, has garnered close to 700 signatures.
Jewish groups, including civil rights groups, have been less forthcoming about situation. Hillel International declined to comment for this story, and the directors of Cleveland’s regional American Jewish Committee and Jewish Community Relations Council offices did not return requests for comment. Jewish on Campus, a nationwide university antisemitism watchdog group that tracks what it defines as anti-Zionist social media harassment of Jewish students, also did not return a request for comment.
Jared Isaacson, the executive director of Cleveland Hillel, told the Jewish Telegraphic Agency that the center was “not very familiar with this story.” Cleveland Hillel coordinates Jewish student life at a consortium of Jewish universities including Cleveland State and Case Western, where its student center is located, as well as at least one other school where Popivker has made his presence on campus known in some form.
But, Isaacson said, “Cleveland Hillel is deeply committed to countering antisemitism and hate in all forms, and we believe that no student — Jewish or otherwise — should ever feel threatened or intimidated because of their identity.”
Popivker says he has support from the New York-based Lawfare Project, which bills itself as an “international pro-Israel litigation fund.” He told JTA that the organization “is watching over my cases and providing guidance.”
In a statement, the Lawfare Project called Popivker “a Jewish civil rights activist” but did not confirm that it is backing him, saying only that the group is “currently reviewing the matter.”
The group, which frequently files lawsuits on behalf of students who allege antisemitism on their campuses, said in a statement to JTA that the order of protection was a “double standard” that “should be alarming to anyone who cares about the fight against Jew-hatred.”
Lawfar recently settled a multi-year lawsuit with San Francisco State University over student reports of antisemitic harassment on campus stemming from anti-Zionist activists disrupting an event featuring the mayor of Jerusalem. The settlement compelled the university to hire a coordinator of Jewish student life.
Popivker will have his work cut out for him if he fights the charges. He had exhibited “behavior detrimental to the university community” by stealing the Palestinian banner and separately affixing an Israeli flag to university property, Matthew Kibbon, Cleveland State’s associate vice president of facility services, wrote in the university’s decision declaring him persona non grata.
The rabbi “was not banned for the content of his speech, but how he chose to exercise it,” a Cleveland State spokesperson told JTA in a statement. The university also provided JTA a list of recent campus police interactions with him, including the initial Jan. 11 report of the banner’s theft; Popivker’s visit to campus on Jan. 18, during which police advised him that the student’s order of protection did not permit him to be there; and his return visit on Jan. 25, during which he was arrested.
From Popivker’s perspective, he is simply speaking out on Israel’s behalf for a campus that has a large pro-Palestinian activist presence but few Jewish students. (There are fewer than 200 Jewish undergraduates on Cleveland State’s campus out of 11,784 students, according to Hillel International.) His goal is to educate, he says, informed by his status as a Jewish refugee from the Soviet Union. And he believes he is being targeted by local pro-Palestinian activists, who, he said, have gone after his kippah and Israeli flags.
“I never attacked anyone. I never raised my hand up to anyone,” he told the Jewish Telegraphic Agency, saying that he was motivated by civil rights icons Martin Luther King Jr. and John Lewis. “I’m going to a public university. I’m staying in the free speech zone. And I raise awareness about what’s going on. There’s a bunch of students that have become my friends that come to study with me regularly.”
One of those students, senior Tyler Jarosz, told JTA he became friends with Popivker after seeing him visiting campus to advocate for Israel. Not knowing much about Jews or Israel himself — “I thought Israel was a very peaceful state,” Jarosz said — the student was taken with Popivker’s demonstrations and said he learned a great deal from them.
“He didn’t just lecture me like a teacher would,” Jarosz said. “He was actually very engaging. He asked questions.”
Jarosz said he never witnessed the rabbi harassing anyone on campus, and said he always tried to engage people in peaceful dialogue, despite what he described as harassment directed at him by some Muslim students. He recalled one Popivker visit to campus for Israel’s independence day, when the rabbi was offering falafel to students, and said he witnessed one student throw the falafel back at him and threaten to “rape” him.
Other students tell a different story. One campus paper, the Cauldron, reported that the rabbi has targeted visibly Muslim and Arab students on campus, demanding to know their views on Israel. Popivker “makes me wary of coming into campus,” a student member of the Palestinian Human Rights Organization group told the Cauldron. “I’m forced to be on constant edge and take the longer way to class in order to avoid him.” Another student told a different campus newspaper, “It’s almost as though he deliberately looks for Palestinian individuals just to target them.”
The chair of the law school’s National Lawyers Guild student chapter told the Cleveland Jewish News that their group’s efforts to engage Popivker in reasonable dialogue failed when he began using “racial slurs and insulting language.”
A swastika Alexander Popivker drew on a Palestinian scarf (alleged by some students to be a keffiyeh, or ritual Muslim prayer scarf) while mounting a pro-Israel demonstration on the campus of Cleveland State University. Popivker then shared the image to his Instagram, Feb. 3, 2023. (Screenshot)
In images from one Popivker demonstration, the rabbi can be seen drawing a swastika with a Sharpie marker on what the Cauldron reported was a keffiyeh, a scarf worn by Arabic men, but which Popivker told JTA was a Palestinian scarf with no spiritual significance. He has also yelled phrases including “Palestinians are Nazis” and “Palestinians are the KKK,” and constructed a stage with images further linking Palestinians to Naziism, according to reports. Popivker’s own Instagram videos show him approaching groups of students to argue about Israel as he films them, calling some of them “terrorists” when they go after his flags. One of his video captions mentions “a Middle Eastern looking student.”
Cleveland State increased its safety protocols as a result of Popivker’s activities, locking some additional entrances around campus. But much of his activities have been online, too.
Last fall Popivker trained his attention on a law student who was involved with campus Palestinian rights groups and had made some anti-Israel posts online, including sharing an image of a child whom pro-Palestinian groups claimed had been a victim of an Israeli bombing, and sharing a socialist group’s post quoting, “From the river to the sea, Palestine will be free.”
Documents show that Popivker emailed and called the student’s employer and law school seeking to have her disciplined for her beliefs, writing among other things that she was a “mouthpiece of terrorism and racism against Jews.” He also made Instagram posts targeting her. In response, the student filed for and received the order of protection against him, which Popivker later claimed was unwarranted because he had never met the student in person.
In its statement to JTA, the Lawfare Project homed in on this sequence of events, saying that Popivker’s decision to email the student’s school and employer about what he believed to be antisemitic social media posts was “a tool routinely used by civil rights activists to fight discrimination.”
Popivker asked Jarosz to send a letter attesting to his character for the order of protection hearing, which he did. “Alex understands and respects everyone of every background that he comes across,” the student wrote in his letter. “I have personally witnessed the demonization they have done of him.” Speaking to JTA weeks later, Jarosz said the court case was “bogus,” but said he was unaware of the emails, social media records and phone transcripts reviewed by JTA showing that Popivker had contacted the student’s employer and school.
At the order of protection hearing, a transcript of which Popivker sent to JTA, a key witness who advocated for the restriction was law school dean Lee Fisher, a former attorney general and lieutenant governor of Ohio. Fisher is Jewish.
“We share a hatred of antisemitism,” Fisher told Popivker during the hearing, according to the transcript. The dean also identified himself as “pro-Israel, very much so.” But Fisher made clear he was critical of Popivker’s activities on campus. Asked by Popivker about a specific social media post the student had made, Fisher responded, “Even if she made a mistake by posting it, it did not warrant the kind of reaction I believe that you had.”
Fisher had also met with Popivker previously, in a session mediated by a local rabbi who was a friend of Popivker. “I told him that I was concerned for the health and safety of our students,” the dean said during the hearing. He had implored Popivker to stop his campus activities, but the rabbi refused.
It’s the initial order of protection, which Popivker said had already effectively banned him from campus, that the rabbi says he truly opposes. He saw it as evidence that “they were basically working together with Palestinians” to “cover up the fact that they have an antisemitic group that openly propagates a destruction of Israel.” Popivker visited campus several times after receiving the order of protection but was permitted to stay with only a warning from campus police, Jarosz recalled.
This state of affairs lasted until the rabbi stole the Palestinian student group banner to, he said, “shine a light on this antisemitism.” Popivker described to JTA how he entered the student building, walked up to the third floor where he knew the banner was, and used scissors to remove it and take it with him: “Clip, clip, clip.” He was subsequently thrown in jail — his second such stint in Cleveland for pro-Israel activities, he said, criticizing local law enforcement for not providing him with kosher food while he was behind bars.
Outside of campus, Popivker is active in other areas. Last year, he organized a GoFundMe to support the family of a former classmate of his who was killed by an Islamic State supporter in a terrorist attack in Beersheba, Israel. He also applied to fill a January vacancy on the Cleveland Heights city council, but later withdrew his application.
After being barred from Cleveland State University, Rabbi Alex Popivker took to holding his anti-Palestinian protests on a street outside a local casino. (Courtesy Popivker)
While Popivker may preach nonviolence, his social media activity points to more radical ideologies, as well. On Instagram, he has shared an image of the flag of the Jewish Defense League, an extremist Jewish group that advocates violence against enemies of Jews, founded by convicted terrorist Rabbi Meir Kahane, as well as an image with a logo of Im Tirtzu, a right-wing Israeli group that has in the past been accused of inciting violence against Israeli human rights groups. Popivker told JTA he is not a member of either group, but that “if I think it’s aligned with what I believe in, I’ll share it.”
Popivker says that, for now, he’s done with his brand of “civil disobedience” and won’t be making his weekly visits to Cleveland State’s campus. “I do have five wonderful boys and a loving wife, and as much as Cuyahoga [County’s] jail is an educational experience in life in many ways, I do not want to go there every week,” he said.
Instead, days after his arrest and campus ban, Popivker posted a photo of himself with an Israeli flag to social media — this time outside a casino a mile away from campus.
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The post Rabbi arrested, banned from Cleveland universities over his anti-Palestinian activism appeared first on Jewish Telegraphic Agency.
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Illinois voters pass proposals objecting to state anti-BDS law
(JTA) — Voters in eight municipalities in Illinois approved ballot measures last week registering formal objections to the state’s law barring state pension investments in companies that boycott Israel.
The ballot measures will have no effect on state policy. But pro-Palestinian groups are celebrating the wins as demonstrations of shifting public opinion against the law, first signed in 2015 to oppose the Boycott, Divestment, Sanctions movement.
The village of Oak Park and the townships of Champaign, Cunningham, DuPage, Kickapoo, Medina, Normal and Peoria all approved similarly worded ballot measures that urge the state to repeal its anti-BDS law or support specific state legislation that would do so. According to unofficial tallies, 65% of voters in Oak Park, a Chicago suburb whose local Jewish population mounted a sustained objection to the referendum, approved the measure there.
Jewish groups including the Jewish United Fund, Chicago’s federation arm, had campaigned against the ballot measure. The Illinois law, championed by JUF when it was first passed, was the first of what has become dozens of state anti-BDS laws in the country. First Amendment groups have challenged the laws.
“We would have much preferred a victory,” Dan Goldwin, chief public affairs officer for JUF, told the Jewish Telegraphic Agency on Monday. Yet Goldwin pointed out that Oak Park voters had approved the measure by smaller margins than their votes for top Democratic candidates including Illinois Gov. JB Pritzker and former presidential candidate Kamala Harris.
“Once people began to be exposed to the meaning of what the referendum was about, they moved against it. We just didn’t have enough time,” he said.
Some members of the Oak Park opposition had engaged in a drawn-out fight over the eligibility of the signatures the ballot measure activists had gathered. That time, Goldwin theorized, “was probably time better spent convincing people to vote against it.”
Separately, voters in Bloomington Township approved a measure stating that the federal government should “ban the transfer of weapons to any country that is a dictatorship, apartheid state or major violator of human rights.” The ballot language did not mention Israel, but pro-Palestinian activists have long maintained that Israel commits apartheid and that the U.S. should halt weapons sales to the country.
Local Jewish figures have said the campaign troubled them.
“It felt like it was a local chapter of a global movement to destroy the world’s only Jewish state, and I felt it personally and acutely,” Rabbi Adir Glick of Conservative Temple Har Zion in River Forest, which borders Oak Park, told the Wednesday Journal of Oak Park and River Forest about the campaign. “I know people who lost friendships in the last few months, and difficult moments with neighbors and colleagues, but it also galvanized our Jewish community.”
Goldwin said the measures’ passage wouldn’t change JUF’s own strategy opposing the repeal of the anti-BDS law at the state level. He noted that ballot measure activists, with the exception of Oak Park, largely didn’t target municipalities with large Jewish communities. In his view, those seeking the repeal of the law “are still a significant minority.”
The BDS movement had a more significant policy victory on election night with the passage of a binding ballot referendum in Providence, Rhode Island, to divest that city from “foreign countries conducting ethnic cleansing, apartheid, illegal military occupation, or genocide.” Proponents and opponents of the measure alike have said they believe the language and parameters of the question will include Israel.
This article originally appeared on JTA.org.
The post Illinois voters pass proposals objecting to state anti-BDS law appeared first on The Forward.
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Blinken, Pompeo: Strong U.S.-Israel ties, assistance to continue despite Trump call to end aid
(JTA) — Former secretaries of state Antony Blinken and Mike Pompeo both downplayed the potential end of American military aid to Israel on Sunday, insisting such a development would not harm U.S.-Israel ties during a joint appearance in Washington.
Speaking at the Jewish Federations of North America’s annual General Assembly, both men also defended Israel’s security and its need to defend itself in the wake of the Hamas attack on Oct. 7, 2023, condemning voices who try to equate Israel’s actions with those of Hamas and accuse it of committing genocide.
But Blinken, who was secretary of state in the Biden administration at the time, also didn’t spare Jerusalem from criticism over its conduct of the war.
Following Oct. 7, “the Israelis did, for the most part, the bare minimum of what they felt they needed to do for people who were stuck in the middle of this crossfire in Gaza,” he said. “There was a certain amount of disregard, a certain amount of disdain for the well-being of the Palestinian civilians.”
He added that “that is vastly different, vastly different from an intent to do them harm, from an intent to eliminate them. The target was Hamas, and horrifically, too many people were caught in the middle of that and suffered terribly as a consequence.”
Still, he said, it is important to “recognize that we’re at an inflection point” when it comes to American attitudes toward Israel. Blinken recalled discussions with Israeli Prime Minister Benjamin Netanyahu as the Gaza war was raging in which he warned that Israel was “not only losing the Democratic Party — and that may be fine from your perspective — you’re going to be losing young Republicans, young evangelicals.”
On Election Day last week, following campaigns in which many candidates called for reducing support for Israel, President Donald Trump declared that the money “gets cut off at the end of the year.”
Pompeo, who served as CIA director and secretary of state during the first Trump administration, said that while he did not “know exactly how this administration will follow through on that,” there had been conversations between Jerusalem and Washington “about what’s the appropriate level of assistance and what [is] the right model” for cooperation.
Calls to change the nature of U.S. military aid have become “bipartisan,” he noted.
Stating that he is “very optimistic,” the former Republican congressman asserted that “whether we provide the $4 billion a year — which … mostly goes to buy U.S. weapons systems from Lockheed and Raytheon and big defense contractors — is much less material than the nature of the relationship between the United States and Israel.”
“And so whether we provide that particular money, there will still be deep connectivity. There’ll still be lots of assistance, and there will be a partnership that is historically important, not just for Israel, but for the United States of America as well … we couldn’t do the intelligence work we need to do without them.”
“They save American lives all the time,” he continued. “I still have a death threat on me from the Iranians. The Israeli intelligence has been very helpful at making sure that I’m where I need to be and I’m not where I ought not be.”
Israel’s 10-year memorandum of understanding (MOU) with the United States, which currently pledges Israel $3.8 billion annually for the fiscal years 2019-2028 subject to congressional appropriations, has proven a political liability for Trump. Last week he questioned why his administration should have to deal with criticism from Democrats over the issue. Following the GOP’s loss in the midterms, Vice President JD Vance explicitly called to put America first and “change our relationship to Israel.”
Blinken responded similarly to his Republican counterpart on the question of U.S. aid to Israel.
“I think you’re seeing a recognition on the part of the Israeli government that this thing is not going to last forever, and an attempt to make it clear in the body politic in Israel that, no, we can pay for our own stuff. We don’t need the kind of assistance that we’re getting from the United States in terms of paying for what we’re acquiring,” Blinken stated, adding that “it doesn’t change anything … about the inherent value of the relationship and the partnership.”
But while Pompeo and Blinken appeared largely on the same page regarding military aid to Israel, the two differed significantly regarding the conflict with Iran and a future resolution to the long-running conflict with the Palestinians.
Asked how to negotiate a settlement with Iran, Pompeo replied that “I just I simply don’t think that it’s possible with the regime” even as he admitted the United States cannot currently curtail Iran’s ambitions through military means.
Pompeo called to “continue to apply pressure there” through the current economic blockade and by “going after further assets inside of Iran” because “they still have the capability to muck up the Gulf region and to threaten Israel [while] we have the capacity to, if not eliminate it, mitigate that materially.”
As for offering concessions to keep the Strait of Hormuz open and maintain the flow of oil, Pompeo insisted that “we should never give the Iranians a damn thing.”
Blinken, on the other hand, stated that Trump needs to acknowledge that the war against Tehran “might not be a loss” but it “wasn’t a real win.”
But while concessions, possibly including sanctions relief, may be needed to bring the Iranians back to the table, “I think what you have to do is exert sustained, systematic pressure on them economically … for purposes of getting to negotiate,” he added.
The lesson learned from the 2015 Iran deal, otherwise known as the Joint Comprehensive Plan of Action, Blinken said, is that it can take time to get Iran to the point where it is ready to negotiate.
Blinken added, “Same thing with the Iran-Iraq war. There wasn’t a capitulation. There was a negotiation. I think at this point that’s in our interest.”
Turning to the Palestinian issue, Blinken argued that part of why Hamas attacked on Oct. 7 was to preempt the further expansion of the Abraham Accords and that “for that vision to be fully realized, it requires a resolution of the Palestinian question.”
“I believe to the bottom of my heart, as I have throughout, that the only way forward, and again, this is very unpopular these days, is through a secure Israel and a sovereign Palestine,” Blinken said.
He drew pushback from Pompeo, who argued that “one of the keys to success of the Abraham Accords was not letting the conflict between the Palestinians and the Israelis get in the way of what the Gulf Arab states actually know needs to happen.”
This article originally appeared on JTA.org.
The post Blinken, Pompeo: Strong U.S.-Israel ties, assistance to continue despite Trump call to end aid appeared first on The Forward.
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‘Jews are welcome, Zionists are not’: Is a Zionist ban at a restaurant legal?
Sap Sua, a Vietnamese restaurant in Boulder, Colorado, was one of Emily Lanigan’s favorite restaurants. She even celebrated her 44th birthday there in June. So Lanigan was stunned when the restaurant posted this since-deleted message on Instagram in September: “Jews are welcome, Zionists are not.”
Lanigan, a former synagogue president, identifies as a Zionist, which she defines as the Jewish right of self-determination. Was she really no longer welcome at the place where she had received a complimentary dessert just months before?
She wondered if the restaurant had a different definition of Zionism, she said, and thought maybe reaching out and offering to have an in-person discussion could clear things up.
“Being a Zionist does not mean I do not also believe in the freedom and autonomy of Palestinians,” Lanigan said she commented on Instagram. “You and I are not so far apart.”
But Sap Sua’s owner, Anthony “Ni” Nguyen, doubled down: “As you clearly saw, the full statement was ‘Jews are welcome. Zionists are not.’ Jews are a protected class, and all Jews are welcome,” Nguyen wrote in messages to Lanigan reviewed by the Forward. “Zionism is a political ideology, like Nazism.”
Nguyen’s response to Lanigan implied the law was on his side. He could ban “Zionists,” it seemed, so long as he let in Jews who shared his views about Israel.
Legally speaking, Nguyen was partially correct. Neither federal civil rights law nor Colorado law prohibits businesses from refusing service based on customers’ political beliefs — meaning turning someone away based solely on their political support for Israel could be allowed.
But the line gets murkier when “Zionist” is used as a stand-in for Jewish or Israeli identity, which can violate laws prohibiting discrimination based on religion or national origin.
The distinction matters not only for Sap Sua, as spaces from coffee shops to book festivals to concert venues make disavowing Israel a condition of entry or participation. The troubling practice raises a thorny question: How should the law distinguish between excluding someone because of their political beliefs and excluding them because of who they are?
The right to exclude?
Sap Sua was not the first business to declare itself off-limits to Zionists with no legal consequences. In Utah, after a bar called Weathered Waves declared “no Zionists allowed” in 2024, the attorney general found no evidence of legal wrongdoing. (Weathered Waves later closed over a dispute with its landlord.)
But that doesn’t mean “Zionist” bans are always legal. According to Richard Katskee, a professor of law at Duke University with expertise in public accommodation law, the legality depends on how the ban is enforced.
Does the business ask only Jewish or Israeli customers to disclose their views? Does it make assumptions about the politics of customers wearing kippahs? If Jewish customers are being singled out, Katskee said, that would make a finding of illegal discrimination more likely.
Omer Wiczyk, senior counsel at the Brandeis Center, told the Forward that two cases he’s currently litigating cross that line. At a coffee shop in Oakland, California, a customer wearing a Star of David baseball cap was asked on video if he was a Zionist and told to leave. At an eyebrow salon in Northern Virginia, a customer was kicked out after disclosing she was Israeli-American.
Businesses “cannot turn a customer’s identity into objectionable politics, and then invoke that to justify their exclusion,” Wiczyk told the Forward. “Being Israeli is not a political issue. Being a Jew is not a political issue. It’s who you are.”
But if a business required every customer, regardless of their identity, to affirm a particular political position on Israel before receiving service, that could be legal, Katskee said — though enforcing such a policy fairly would inevitably prove difficult in practice.
“It might be legal, like putting up a sign saying ‘Republicans only’ or ‘Democrats only,’” Katskee said.
Jenin Younes, legal director of the American-Arab Anti-Discrimination Committee, argues that businesses have some latitude to refuse service based on customers’ politics. The ADC is currently making that case on behalf of Poetica Coffee, which is fighting a Department of Justice investigation into its decision to publicly bar Rep. Dan Goldman over his support for Israel.
In Goldman’s case, Younes said, his public profile and easily searchable voting record help support the idea that the coffee shop targeted him for his political views.
“It’s harder to make the argument that ‘No, this was really about just not letting Jewish people in’ — because he’s a public figure,” Younes said. “He’s said what he thinks on these issues.”
Even Goldman himself said that the coffee shop incident did not warrant a civil rights investigation because of his status as a public figure.
Younes argues that the same principle applies to situations unrelated to Israel and Zionism.
In 2018, for example, the owner of a Virginia restaurant kicked out White House press secretary Sarah Huckabee Sanders citing the Trump administration’s “inhumane and unethical” policies. The restaurant faced social backlash, but no legal consequences.
And last year, a Martha’s Vineyard farmers’ market stand refused to sell lawyer Alan Dershowitz pierogi, citing his legal defense of Jeffrey Epstein and other men accused of sexual assault. Dershowitz threatened legal action, but it appears he never actually filed suit.
“In my opinion, businesses should have the right to exclude people whose views it doesn’t like,” Younes said. “And by the way, I would apply this in the other context: If there’s a pro-Israel coffee shop owner and they wanted to say, ‘We don’t want anyone wearing a pro-Palestine pin in here,’ I think they have that right.”
The law’s limits
Whether businesses have the legal right to exclude certain customers is a different question than whether they should.
Such bans can end up holding ordinary Jews responsible for the actions of the Israeli government — with the misguided idea that denying them a meal or a cup of coffee will somehow advance the Palestinian cause.
And since “Zionist” means different things to different people, using the label as a litmus test will almost inevitably lead to erroneous assumptions about peoples’ views.
In cases where the law is not a remedy, the free market may be. Businesses that turn away “Zionists” must be so committed to their beliefs that they are willing to refuse a paying customer, risking boycotts and reputational damage.
At the same time, some businesses may believe the publicity will draw in new clientele. Karimi Brows, which turned away the Israeli-American customer, boasted that it gained 40,000 TikTok followers in the month after the incident.
For its part, Sap Sua appeared to backtrack amid intense public pressure, posting to Instagram that it would welcome “every guest who walks through our doors.” (Sap Sua did not respond to the Forward’s request for comment.)
But for Lanigan, the damage was done.
“It was one of my favorite restaurants,” Lanigan told the Forward. “But I will never set foot in that place again.”
The post ‘Jews are welcome, Zionists are not’: Is a Zionist ban at a restaurant legal? appeared first on The Forward.
