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As trial begins in Tree of Life massacre, Pittsburgh’s Jews struggle with what to reveal and what to conceal
PITTSBURGH (JTA) — On Friday afternoon, Squirrel Hill was suffused with spring breezes and pink dogwoods, and alive with the movement that typifies the coming of Shabbat.
Toddlers scrambled up the jungle gym in the JCC playground, while the chatter in cafes was about a looming storm that could soak the walk to synagogue on Saturday. Murray Avenue Kosher was emptying out of challahs.
Barely present, at least on the surface, was any indication that Monday morning would hold a turning point in the community’s greatest trauma. That’s when jury selection was to begin in the trial of the man accused of shattering Shabbat on Oct. 27, 2018, with gunfire. His massacre of 11 worshipers, in a synagogue building a 10-minute stroll from the downtown of this leafy, heavily Jewish neighborhood, was the deadliest-ever attack on U.S. Jews.
But behind the scenes, there are clear signs that the trial’s proximity is being felt. Maggie Feinstein, the director of the 10/27 Healing Partnership, which provides post-traumatic therapy for the community, said that as the trial nears, requests for treatment have spiked.
“The trauma cues that for a while bothered us right after the shooting — for some people it might be ambulances, for other people it might be media, for some people it might be the sound of multiple police cars — you get to a place where they don’t bother you as much,” she said. “But the increased media attention and the increased awareness of this upcoming trial for a number of people is bringing back for them that maybe they didn’t do their own healing the first time around.”
A Starbucks in the Squirrel Hill neighborhood of Pittsburgh is decorated with a memorial for the victims of the 2018 massacre at the city’s Tree of Life synagogue, April 21, 2023. (Ron Kampeas)
There were three congregations in the building: Tree of Life and New Light, both affiliated with the Conservative movement, and Dor Hadash, which is Reconstructionist.
The 11 victims were brothers Cecil and David Rosenthal, couple Bernice and Sylvan Simon, Rose Malinger, Joyce Fienberg, Richard Gottfried, Jerry Rabinowitz, Daniel Stein, Melvin Wax and Irving Younger. Seven were from Tree of Life, three were from New Light and one was from Dor Hadash.
For their families, their friends, their congregations and their broader Jewish community, the legacy of the massacre is a deep-seated longing for control, a longing to never have to think again of the gunman and of the anguish he left in his wake, while grappling with tender memories of the dead, of the decades spent in celebration and in prayer in the building.
Who narrates this story, the gunman or his victims? That struggle now looms as the alleged gunman goes to trial. The community is wrestling with questions such as where and whether to put the bullet-riddled artifacts, whether to worship at the site, whether to even speak of the massacre and how and whether the gunman lives or dies.
”We believe strongly that this antisemitic attack should not stop people from practicing and being Jewish,” Feinsten said. “For a lot of people, that’s an active choice that they have to work at. It doesn’t come easily after feeling unsafe in that environment to then work to find safety in it. But a lot of people have chosen to do that.”
On Friday, Feinstein was organizing support services for families who would, if they so choose, be sequestered in a separate room in the court where they could view the trial. (Family members may also ask to be seated in the courtroom.) She assigned six therapists to be present with the families.
Compounding the revisited trauma of the event, the families are divided over whether the gunman, should he be convicted, deserves the death penalty. The accused has a lawyer, Judy Clarke, known as “the attorney for the damned” for her determination to keep her clients from execution.
What’s clear is that the Jews of Squirrel Hill are taking the trial on with their characteristic spirit of collaboration. The community has hired public relations specialists to handle media inquiries ahead of the trial, in part to safeguard locals from being pressed to answer questions that could harm them or shatter the sense of unity. Congregants reached by the Jewish Telegraphic Agency dutifully deferred to the list of approved contacts on a list distributed by a PR agency.
On Friday afternoon, signs of unity that flooded the city in the immediate aftermath of the shooting were still visible. In a tobacconist’s window a sign with the slogan “No place for hate/Stronger than hate,” which had proliferated throughout the neighborhood after the attack, remained propped up next to a flag and an ad for the lottery. A Starbucks had on its window white paint drawings depicting “love,” “kindness” and “hope” in English and in Hebrew, alongside symbols: the Star of David, a heart and a dove.
A tobacconist window includes a poster of the “No Place for Hate” slogan that proliferated after the Tree of Life Massacre in 2018, in Pittsburgh, April 21, 2023. (Ron Kampeas)
Representatives of the community talk about “doing Jewish” as a means of coping, including redoubling the very activities — allying with the city’s Black minority and advocating for immigration, refugees and gun control — that fueled the rage of the alleged attacker.
The attacker allegedly was driven in part by the partnership between Dor Hadash and HIAS, the Jewish refugee aid group, and the congregation’s sponsorship of refugee families.
“We have, if anything, doubled down on our commitment to immigrants and refugees,” said Dana Kellerman, the chair of the communications committee at Dor Hadash. “We are currently coming up on the end of our first year working with a new resettlement program to resettle a Congolese immigrant family in Pittsburgh, and we have every intention of when the year commitment is up of working with a second family.”
Kellerman said the shooting had “honestly become part of the background of our existence at this point.” In keeping with her congregation’s rules aimed at protecting their community, Kellerman declined to talk about the day of the massacre, the death penalty or about details of the trial. But she was open about the ways in which her congregation has leaned into the values it has long held, and that the gunman so reviled.
“We have become louder and more public about practicing our Judaism,” she said. Now, she said, the congregation incorporates advocacy for refugees into its service, with liturgical readings on immigration.
There are other changes. “We even have hats now! We have baseball caps!” Kellerman said with a smile, unearthing a photo of herself in a white cap with “Dor Hadash” and a stylized Magen David in blue, standing alongside gun control advocates.
“Previously we all would have shown up as our individual selves, and now we show up in our Dor Hadash baseball caps,” she said. “Mine kept blowing off.”
Steve Cohen, the co-president of New Light, said the congregation’s relationship with Black churches in the city has reached new intensity since the massacre. The congregation’s rabbi and congregants who know Hebrew partner with the churches to analyze sacred texts in the original.
“We would bring our Tanachs [Hebrew Bibles], and the Christian congregation would bring their Bible and then we would talk about the Proverbs and go through it, not just what the intention of the author was, but how different ways the same words can be translated in order to imply different things,” he said. “And so we went through the whole Book of Proverbs with the Rodman Street Baptist Church, and this past winter, we did the selected Psalms with the faith and Destiny Church on the north side.”
The interior of the new sanctuary of the New Light congregation, four and half years after a gunman massacred three of its congregants, in Pittsburgh, April 21, 2023. (Ron Kampeas)
New Light took its cue from survivors of the 2015 attack on the Emanuel Church in Charleston, South Carolina, in which a white supremacist murdered nine Black worshipers, Cohen said. Leaders of New Light traveled to the church and heard from its elders that it was not enough to tend to the traumatized individuals, but to the community; they emphasized outreach, bringing congregants back in.
“That’s a lot of the reason why we have an outpouring of members who never attended shul now attending shul,” he said.
Feinstein, too, said she had an intensification of religious and ritual observance among her clients: more frequent attendance at Shabbat services, forming a daily minyan, finding a study partner for daily Talmud study.
Kellerman said the community has become closer; she sees it in congregants who linger. “It shows up in things like people showing up for Friday night services, and hanging out to chat or getting on a little early to chat,” she said.
A rendition of architect Daniel Libeskind’s plans for the interior of the new Tree of Life synagogue. (Tree of Life)
In the days leading up to the trial, the community bid farewell to the most salient relic of that painful day: the hulking synagogue building on the corner of Wilkins and Shady that has stood empty since then. All three congregations have decamped to nearby synagogues, leaving behind the chain-link fence draped with paintings from children across the country wishing for strength.
“Nobody has been meeting in the synagogue since the day of the shooting,” said Carole Zawatsky, the Tree of Life CEO who is overseeing the plans to replace the building. The only people to have been inside at all, she said, were survivors and “special friends” — donors to the rebuilding and politicians.
Zawatsky said it is wrenching to even contemplate returning for some. “You can walk through the building and see where the gunman was destructive,” she said. “You can see where the gunman was apprehended, where the gunman opened fire. It’s devastating to witness.”
But some intend to: Tree of Life lost seven congregants but plans on returning once the building is rebuilt as a museum and education center focused on the dangers of extremism.
On Sunday, the Tree of Life congregation had an outdoor ceremony to say “L’hitraot,” Hebrew for “until we meet again,” to the building as it has existed up to now.
“We are grateful to God for the thousands of blessings that have passed through these doors,” Rabbi Jeffrey Myers, the rabbi who sheltered congregants and alerted police, said at the ceremony. “We cannot, we must not, permit one day … to define us, nor outweigh all the good.”
The new center is being designed by Daniel Libeskind, the architect who designed the master plan for the World Trade Center site reconstruction in New York and the Jewish Museum in Berlin.
But Dor Hadash and New Light decided their moves were permanent in part because families of their victims swore never to return to the building.
New Light is now ensconced in what once was a secondary chapel at the Beth Shalom synagogue, as if it has been there for decades: Plaques honoring past donors and presidents adorn the walls of the sanctuary. The only signs of the massacre are the 1,000 paper cranes Pittsburgh’s Japanese community gave the congregation, reflecting a Japanese tradition that folding cranes will make a wish come true. They hang at the entrance to the sanctuary, unexplained by any plaque. There is a stained glass monument to the three victims at the cemetery where they are buried.
Even with Tree of Life’s commitment to return, many questions remain about what that will look like. The congregation has yet to decide what objects will stay in the sanctuary, what will stay in storage and what will be part of a separate exhibit, Zawatsky said.
“The first work that’s had to be done for the synagogue is ‘What are the things that need to be saved and go into storage during construction?’” she said.
In some ways, she indicated, the work of rebuilding could bear some resemblance to the balancing act that the community will have to navigate during the alleged shooter’s trial.
“We are thinking deeply about how you exhibit some of these materials,” Zaslavsky said, “in ways that are both teachable moments and don’t retraumatize.”
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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.”
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Explainer: Gadi Eisenkot’s four conditions for forming Israel’s next government
(JTA) — JERUSALEM – Israeli President Isaac Herzog tasked Gadi Eisenkot on Sunday with forming Israel’s next government, giving him up to six weeks to assemble a coalition with a total of 61 seats out of 120 in Israel’s parliament, the Knesset.
If he fails to do so, then the president can give another Knesset member the opportunity; most likely this will be incumbent Prime Minister Benjamin Netanyahu. For his part, Netanyahu, has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.
Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.
He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.
At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.
“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”
Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government. But what are they exactly? And who, out of the other 11 parties, will be able to accept them and join his coalition?
1) Recognition of the State of Israel as a Jewish and democratic state.
Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.
Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.
Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.
This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.
2) Acceptance of the values of the Declaration of Independence.
Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.
In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.
For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens, irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”
By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.
The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.
3) Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.
Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.
United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.
Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.
Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.
By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.
This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.
4) Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.
Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.
Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.
When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.
For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.
Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.
This article originally appeared on JTA.org.
The post Explainer: Gadi Eisenkot’s four conditions for forming Israel’s next government appeared first on The Forward.
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Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3
Hundreds of pro-Israel counter-protesters gathered around Philadelphia’s Rittenhouse Square Sunday morning ahead of a bike rally targeting six Jewish-owned restaurants. There were about 300 anti-Zionist protesters and about 200 pro-Israel counterprotesters, police estimated. Rally organizers said the timing — just before the 88th anniversary of Kristallnacht, when Nazis attacked Jewish shops and homes — was coincidental.
Three people were arrested Sunday, according to police. Pennsylvania Gov. Josh Shapiro, who is Jewish, said a few hours after the crowd had dispersed, “In the midst of blatant antisemitic targeting of Jewish-owned restaurants on the anniversary of Kristallnacht, the City of Brotherly Love showed up to support our neighborhood businesses and prove once again that hate has no place in our Commonwealth.”
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