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Why a liberal Zionist rabbi isn’t taking to the streets over Israel’s judicial reform plan
(JTA) — Israel’s 75th anniversary was supposed to be a blowout birthday party for its supporters, but that was before the country was convulsed by street protests over the right-wing government’s proposal to overhaul its judiciary. Critics call it an unprecedented threat to Israel’s democracy, and supporters of Israel found themselves conflicted. In synagogues across North America, rabbis found themselves giving “yes, but” sermons: Yes, Israel’s existence is a miracle, but its democracy is fragile and in danger.
One of those sermons was given a week ago Saturday by Rabbi Ammiel Hirsch of Manhattan’s Stephen Wise Free Synagogue, expressing his “dismay” over the government’s actions. Hirsch is the former head of ARZA, the Reform movement’s Zionist organization, and the founder of a new organization, Amplify Israel, meant to promote Zionism among Reform Jews. He is often quoted as an example of a mainstream non-Orthodox rabbi who not only criticizes anti-Zionism on the far left but who insists that his liberal colleagues are not doing enough to defend the Jewish state from its critics.
Many on the Jewish left, meanwhile, say Jewish establishment figures, even liberals like Hirsch, have been too reluctant to call out Israel on, for example, its treatment of the Palestinians — thereby enabling the country’s extremists.
In March, however, he warned that the “Israeli government is tearing Israeli society apart and bringing world Jewry along for the dangerous ride.” That is uncharacteristically strong language from a rabbi whose forthcoming book, “The Lilac Tree: A Rabbi’s Reflections on Love, Courage, and History,” includes a number of essays on the limits of criticizing Israel. When does such criticism give “comfort to left-wing hatred of Israel,” as he writes in his book, and when does failure to criticize Israel appear to condone extremism?
Although the book includes essays on God, Torah, history and antisemitism, in a recent interview we focused on the Israel-Diaspora divide, the role of Israel in the lives of Diaspora Jews and why the synagogue remains the “central Jewish institution.”
The interview was edited for length and clarity.
Jewish Telegraphic Agency: You gave a sermon earlier this month about the 75th anniversary of Israel’s founding, which is usually a time of celebration in American synagogues, but you also said you were “dismayed” by the “political extremism” and “religious fundamentalism” of the current government. Was that difficult as a pulpit rabbi?
Rabbi Ammiel Hirsch: The approach is more difficult now with the election of the new government than it has been in all the years of the past. Because we can’t sanitize supremacism, elitism, extremism, fundamentalism, and we’re not going to. Israel is in what’s probably the most serious domestic crisis in the 75-year history of the state. And what happens in Israel affects American Jewry directly. It’s Israeli citizens who elect their representatives, but that’s not the end of the discussion neither for Israelis or for American Jews. At the insistence of both parties, both parties say the relationship is fundamental and critical and it not only entitles but requires Israelis and world Jews to be involved in each other’s affairs.
For American Jewry, in its relationship with Israel, our broadest objective is to sustain that relationship, deepen that relationship, and encourage people to be involved in the affairs in Israel and to go to Israel, spend time in Israel and so forth, and that’s a difficult thing to do and at the same time be critical.
American Jews have been demonstrating here in solidarity with the Israelis who have been protesting the recent judicial overhaul proposals in Israel. Is that a place for liberal American Jews to make their voices heard on what happens in Israel?
I would like to believe that if I were living in Israel, I would be at every single one of those demonstrations on Saturday night, but I don’t participate in demonstrations here because the context of our world and how we operate is different from in Israel when an Israeli citizen goes out and marches on Kaplan Street in Tel Aviv. It’s presumed that they’re Zionists and they’re speaking to their own government. I’m not critical of other people who reach a different perspective in the United States, but for me, our context is different. Even if we say the identical words in Tel Aviv or on West 68th Street, they’re perceived in a different way and they operate in a different context.
What then is the appropriate way for American Jews to express themselves if they are critical of an action by the Israeli government?
My strongest guidance is don’t disengage, don’t turn your back, double down, be more supportive of those who support your worldview and are fighting for it in Israel. Polls seem to suggest that the large majority of Israelis are opposed to these reforms being proposed. Double down on those who are supportive of our worldview.
You lament in your book that the connections to Israel are weakening among world Jewry, especially among Jewish liberals.
The liberal part of the Jewish world is where I am and where the people I serve are by and large, and where at least 80% of American Jewry resides. It’s a difficult process because we’re operating here in a context of weakening relationship: a rapidly increasing emphasis on universal values, what we sometimes call tikkun olam [social justice], and not as a reflection of Jewish particularism, but often at the expense of Jewish particularism.
There is a counter-argument, however, which you describe in your book: “some left-wing Jewish activists contend that alienation from Israel, especially among the younger generations, is a result of the failures of the American Jewish establishment” — that is, by not doing more to express their concerns about the dangers of Jewish settlement in the West Bank, for example, the establishment alienated young liberal Jews. You’re skeptical of that argument. Tell me why.
Fundamentally I believe that identification with Israel is a reflection of identity. If you have a strong Jewish identity, the tendency is to have a strong connection with the state of Israel and to believe that the Jewish state is an important component of your Jewish identity. I think that surveys bear that out. No doubt the Palestinian question will have an impact on the relationship between American Jews in Israel as long as it’s not resolved, it will be an outstanding irritant because it raises moral dilemmas that should disturb every thinking and caring Jew. And I’ve been active in trying to oppose ultra-Orthodox coercion in Israel. But fundamentally, while these certainly are components putting pressure on the relationship between Israel and Diaspora Jewry, in particular among the elites of the American Jewish leadership, for the majority of American Jews, the relationship with Israel is a reflection of their relationship with Judaism. And if that relationship is weak and weakening, as day follows night, the relationship with Israel will weaken as well.
But what about the criticism that has come from, let’s say, deep within the tent? I am thinking of the American rabbinical students who in 2021 issued a public letter accusing Israel of apartheid and calling on American Jewish communities to hold Israel accountable for the “violent suppression of human rights.” They were certainly engaged Jews, and they might say that they were warning the establishment about the kinds of right-wing tendencies in Israel that you and others in the establishment are criticizing now.
Almost every time I speak about Israel and those who are critical of Israel, I hold that the concept of criticism is central to Jewish tradition. Judaism unfolds through an ongoing process of disputation, disagreement, argumentation, and debate. I’m a pluralist, both politically as well as intellectually.
In response to your question, I would say two things. First of all, I distinguish between those who are Zionist, pro-Israel, active Jews with a strong Jewish identity who criticize this or that policy of the Israeli government, and between those who are anti-Zionists, because anti-Zionism asserts that the Jewish people has no right to a Jewish state, at least in that part of the world. And that inevitably leads to anti-Jewish feelings and very often to antisemitism.
When it came to the students, I didn’t respond at all because I was a student once too, and there are views that I hold today that I didn’t hold when I was a student. Their original article was published in the Forward, if I’m not mistaken, and it generated some debate in all the liberal seminaries. I didn’t respond at all until it became a huge, multi-thousand word piece in The New York Times. Once it left the internal Jewish scene, it seemed to me that I had an obligation to respond. Not that I believe that they’re anti-Zionist — I do not. I didn’t put them in the BDS camp [of those who support the boycott of Israel]. I just simply criticized them.
Hundreds of Jews protest the proposed Israeli court reform outside the Israeli consulate in New York City on Feb. 21, 2023. (Gili Getz)
You signed a letter with other rabbis noting that the students’ petition came during Israel’s war with Hamas that May, writing that “those who aspire to be future leaders of the Jewish people must possess and model empathy for their brothers and sisters in Israel, especially when they are attacked by a terrorist organization whose stated goal is to kill Jews and destroy the Jewish State.”
My main point was that the essence of the Jewish condition is that all Jews feel responsible one for the another — Kol yisrael arevim zeh bazeh. And that relationship starts with emotions. It starts with a feeling of belongingness to the Jewish people, and a feeling of concern for our people who are attacked in the Jewish state. My criticism was based, in the middle of a war, on expressing compassion, support for our people who are under indiscriminate and terrorist assault. I uphold that and even especially in retrospect two years later, why anyone would consider that to be offensive in any way is still beyond me.
You were executive director of ARZA, the Reform Zionist organization, and you write in your book that Israel “is the primary source of our people’s collective energy — the engine for the recreation and restoration of the national home and the national spirit of the Jewish people.” A number of your essays put Israel at the center of the present-day Jewish story. You are a rabbi in New York City. So what’s the role or function of the Diaspora?
Our existence in the Diaspora needs no justification. For practically all of the last 2,000 years, Jewish life has existed in the Diaspora. It’s only for the last 75 years and if you count the beginning of the Zionist movement, the last 125 years or so that Jews have begun en masse to live in the land of Israel. Much of the values of what we call now Judaism was developed in the Diaspora. Moreover, the American Jewish community is the strongest, most influential, most glorious of all the Jewish Diasporas in Jewish history.
And yet, the only place in the Jewish world where the Jewish community is growing is in Israel. More Jewish children now live in Israel than all the other places in the world combined. The central value that powers the sustainability, viability and continuity of the Jewish people is peoplehood. It’s not the values that have sustained the Jewish people in the Diaspora and over the last 2,000 years, which was Torah or God, what we would call religion. I’m a rabbi. I believe in the centrality of God, Torah and religion to sustain Jewish identity. But in the 21st century, Israel is the most eloquent concept of the value of Jewish peoplehood. And therefore, I do not believe that there is enough energy, enough power, enough sustainability in the classical concept of Judaism to sustain continuity in the Diaspora. The concept of Jewish peoplehood is the most powerful way that we can sustain Jewish continuity in the 21st century.
But doesn’t that negate the importance of American Jewry?
In my view, it augments the sustainability of American Jewry. If American Jews disengage from Israel, and from the concept of Jewish peoplehood, and also don’t consider religion to be at the center of their existence, then what’s left? Now there’s a lot of activity, for example, on tikkun olam, which is a part of Jewish tradition. But tikkun olam in Judaism always was a blend between Jewish particularism and universalism — concern for humanity at large but rooted in the concept of Jewish peoplehood. But very often now, tikkun olam in the Diaspora is practiced not as a part of the concept of Jewish particularism but, as I said before, at the expense of Jewish particularism. That will not be enough to sustain Jewish communities going into the 21st century.
I want to ask about the health of the American synagogue as an institution. Considering your concern about the waning centrality of Torah and God in people’s lives — especially among the non-Orthodox — do you feel optimistic about it as an institution? Does it have to change?
I’ve believed since the beginning of my career that there’s no substitute in the Diaspora for the synagogue as the central Jewish institution. We harm ourselves when we underemphasize the central role of the synagogue. Any issue that is being done by one of the hundreds of Jewish agencies that we’ve created rests on our ability as a community to produce Jews into the next generation. And what are those institutions that produce that are most responsible for the production of Jewish continuity? Synagogues, day schools and summer camps, and of the three synagogues are by far the most important for the following reasons: First, we’re the only institution that defines ourselves as and whose purpose is what we call cradle to grave. Second, for most American Jews, if they end up in any institution at all it will be a synagogue. Far fewer American Jews will receive a day school education and or go to Jewish summer camps. That should have ramifications across the board for American Jewish policy, including how we budget Jewish institutions. We should be focusing many, many more resources on these three institutions, and at the core of that is the institution of the synagogue.
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Inspired by a queer Bundist poet, this Jewish composer set her work to Yiddish music
Composer Avi Fox-Rosen, like many Jews looking for meaningful community outside of religion, found a spiritual home in music.
“I think I was looking for, in some ways, a mentor or somebody in a generation ahead of me who can provide another model for how to be Jewish and work towards peace and intersectional justice,” Avi Fox-Rosen said.
He found queer Bundist poet Irena Klepfisz.
Klepfisz is the daughter of Rose and Michał Klepfisz, organizers of the 1943 Warsaw Ghetto Uprising. Michał was killed on the second day of the revolt.
Fox-Rosen recently set to music a poem by Klepfisz, “Di rayze aheym/The journey home.” The Yiddish-English bilingual poem is one of her best known works and has been central to many people who have sought queer, secular and leftist framings for their engagement with Jewish identity. Fox-Rosen is releasing a new original album of the same title on May 30.
“Di rayze aheym” is based on a trip Klepfisz took with her mother to Poland in 1983 around the 40th anniversary of the Warsaw Ghetto Uprising. It was the first time either of them had been back since World War II.
In an interview with the author, Klepfisz compared today’s clean, well-kept condition of the Jewish cemetery in Warsaw with its appearance during her visit in the ‘80s, when it was overgrown and weathered by time. “It was practically wild,” she said.
“Where ‘Di rayze aheym’ sprang from was that cemetery — there are allusions in the poem to it,” said Klepfisz. The poem contains a total of nine sections, including “Vider a mol/Once again” and “A beys-oylem/A cemetery,” with many of them containing direct translations between English and Yiddish side by side.
Fox-Rosen remembers being drawn to Klepfisz’s work in the time following Oct. 7, as many Jews were finding themselves renegotiating their relationship to Jewish identity. “She has this incredible body of work that explores identity and displacement and diaspora. Also queerness, of course, and this exists alongside her work in prose and activism,” Fox-Rosen said.
Fox-Rosen, the son of Reform Rabbi Karen Fox, comes from Los Angeles. He was not raised with a particularly strong relationship to Yiddish culture. Describing his Jewish schooling, he said that “there was no significant Yiddish content, but a lot of Hebrew content.” He immersed himself in music, Jewish and otherwise, and eventually came to Yiddish music and culture in a roundabout way.
“My first big plan was to be a jazz guitar player, move to New York City and get famous that way. So I moved to New York City and as I worked in the jazz scene, I got to know a lot of Jewish musicians doing meaningful work with Yiddish content,” said Fox-Rosen. Frank London of the Klezmatics, as well as Greg Wall who is often referred to as the “Jazz Rabbi,” are among the musicians Fox-Rosen cites as influential in getting more involved in Yiddish culture.
He was initially drawn more to the secular Yiddish community than the actual Yiddish language or music traditions, he said. “I loved that there was this committed group of secular Jews making really interesting music, that’s what drew me in.”
He went on to become a member of the Yiddish-language rock band Yiddish Princess, alongside Sarah Gordon, Michael Winograd and Yoshie Fruchter.
“I’d been looking for a non-religious way to express Jewishness and find my people, and Irena has largely been one of the people to shape this community,” said Fox-Rosen.
Klepfisz has often referred to herself as a “practicing secular Jew.” She notes the intensely secular values of the Bund in interwar Poland. “The Bundists in interwar Poland didn’t deny their Jewishness; in fact, they emphasized it. But they were also militant secularists. For example, they would insist on meetings on Shabes.”
Not wanting to show up empty-handed when offering Klepfisz to set her poem to music, Fox-Rosen produced a demo of some verses of “Di rayze aheym” set to music.
“I was very flattered,” Klepfisz said. “I thought it was actually a very good choice, because it’s a very minimalist poem, so you don’t have a lot of words to fit. There are a lot of big blank spaces for the music.”
What resulted is an album of art-pop meets klezmer and Yiddish. Fox-Rosen noted influences for him from art-pop musicians Rufus Wainwright as well as Anohni and the Johnsons. Essential for Fox-Rosen in evoking a Yiddish sound are the instrumental contributions of two familiar faces in Yiddish music: klezmer fiddler Alicia Svigals and improvisational pianist Marilyn Lerner. “At times I wanted it to feel like a real fiddle kapelye, which it often does because of Alicia,” said Fox-Rosen. Kapelye is Yiddish for a klezmer band.
“You know, we used to say that Yiddish was ‘on life support,’ but I don’t think that’s true anymore,” Klepfisz said. “There was the revival that popped up in the ‘80s with klezmer music and now I think there’s a much greater appreciation for Yiddish culture.”
“Di rayze aheym/The journey home” is now available for pre-order through Borscht Beat on Bandcamp and will be released on May 30 alongside a concert at Jalopy Theatre in Brooklyn.
The post Inspired by a queer Bundist poet, this Jewish composer set her work to Yiddish music appeared first on The Forward.
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In Israel, an Arab-Jewish youth orchestra builds a new ‘East-West’ sound together
(JTA) — TEL AVIV — A raucous crowd of football fans filled the narrow strip of grass between Tel Aviv’s music center and Bloomfield Stadium, home to the Maccabi and Hapoel Tel Aviv soccer teams. Threading their way through them toward the concert hall was an incongruous procession of young musicians in eveningwear, lugging cases of every shape and size for contrabasses, violins, ouds, cellos and darbukas.
Inside the concert hall, a small audience of friends, siblings, parents and music lovers let out a swell of whoops and claps more in keeping with a soccer game than the polite demeanor usually reserved for orchestras.
The concert was the public culmination of a youth project composed of Jewish and Arab performers run by the Jerusalem Orchestra East & West, known as TJO, the Israeli orchestra led by conductor Tom Cohen that blends Western orchestral music with Middle Eastern, North African and Andalusian traditions. TJO has shared the stage with major Israeli artists including Matti Caspi, Danny Sanderson and Ehud Banai, and is due to perform at the Concordia Summit in New York in September.
The program brings youth orchestras from across the country under TJO’s guidance, training young musicians to carry forward the musical language Cohen has spent years developing. He describes that language as part of an evolving “Israeli sound,” made up of “everything that began with our grandparents in the various diasporas around the world and arrived with them here in waves of immigration.”
It grew out of his own journey from Western classical music into the music of the Maghreb and the Middle East, and “brings together elements from East and West without losing the identity and distinctiveness of either one,” he said.
“We’re creating something new that is greater than the sum of its parts,” Cohen said. Still, he was careful to add that the sound was not his orchestra’s invention, but part of “an evolution, not a revolution that erases what came before it.”
Last week’s concert brought together 80 musicians, ages 9 to 20, from half a dozen youth orchestras around the country, with some ensembles numbering in the dozens and others only a handful. Cohen said the project is meant to train a next generation of musicians who could one day join TJO, named the country’s leading orchestra by the Culture Ministry in 2022, while also sending them out as “ambassadors of its language” in their own work.
“Throughout the process, we placed special emphasis on artistic excellence, direct professional encounters and a connection to the adult orchestra as a mentoring body that sets the path,” he said of the youth project.
Ensemble Sdot, a nine-member group from the Sdot Negev Regional Council in southern Israel whose players mostly wore kippot, took the stage first to perform a reworked song by the late Israeli singer-songwriter Meir Banai. In the audience, waiting for his own performance, Youssef Sarhan, a 9-year-old violinist from Majd al-Krum, an Arab town in northern Israel, bobbed his head along from his seat. He had begun studying a year and a half earlier with Fadel Maana, a veteran violinist in the Arabic tradition from the same town and one of TJO’s senior musicians, who later brought him into the youth orchestra.
Addressing the young musicians from the stage, Cohen said he usually resists the familiar exercise of identifying who came from which community.
“This nonsense of saying who’s from where, it’s so unnecessary,” he said. But the mix was part of what made the music work, he told them, with Jewish, Muslim, Christian and Druze youth “backstage trading information about Umm Kulthum,” the revered Egyptian singer; maqams, the melodic modes used in Arabic and other Middle Eastern music; and other musical references.
“Even if you’ve never spoken to each other in your lives, when two children sit together on stage, catch each other’s eyes while they’re playing and creating something together, the connection that’s forged there is as deep as family,” Cohen told them.
Cohen, who lives with his family in Brussels, said the years of war had changed his relationship with his work, which had always been his greatest source of joy.
“It’s a feeling I can’t describe, a feeling of being outside of time,” he said by telephone after the concert. “But the last three years took that away from me.”
As an Israeli conductor who plays Arabic music, Cohen said, his international career went quiet amid growing hostility toward Israel abroad, while in Israel it became harder to enjoy performing when, as he put it, “half an hour away, the world is falling apart.”
The youth project offered a way back. Cohen said he found comfort in the connection between musicians “who come from completely different religions, backgrounds and places,” and came to see the orchestra as “a symbol of real hope, not just a professional artistic institution.”
Malak Aboufdaly, a teenage bassoon player from Acre, said that after years of war, she felt a responsibility to give the audience a measure of relief.
“It’s my job to make you feel how I play. Sad or happy,” she said. “But I think it’s really important that we can make people happy after two or three years of war.”
Outside the concert hall, 17-year-old Shoval Hayak, wearing a black evening gown, was being scolded to go back inside. She was excitable and effusive, not long removed from being a regular high school student in Moshav Hosen, near Israel’s northern border. After Oct. 7, her family was evacuated to Tel Aviv, where she threw herself into singing. She joined the youth orchestra framework and later performed with the Israeli hip-hop and funk band Hadag Nahash.
At the concert, she was preparing to sing “Hallelujah” with Nihaya Safadi, a singer and viola player also from Acre, in an arrangement Cohen wrote during the orchestra’s first summer seminar.
“I didn’t believe I could ever be a singer,” she said.
Some of her peers, she said, tried to escape the reality of war and displacement through recreational drugs. Hayak found her escape in music.
“I gave my heart and soul to this project. I got sucked into it more and more,” she said. “I truly believe that if I give my whole heart, all the small details that make everything shine come to the surface. Each time I go on, there are tiny improvements that I’m not even aware of at the time.”
She spoke quickly and warmly about the people around her: her mother, who she called “my support system”; Cohen, who she said had become like a father to her; and her boyfriend Yair, who could not attend because he was observing the Omer, the traditional mourning period between Passover and Shavuot when many observant Jews avoid live music. “Bless his soul, I adore him,” she said.
The same affection extended to the other young musicians she performed with. “They’re the best family I could ever ask for,” she said.
Cohen said watching young musicians like Hayak “become professional and be captivated by the magic of music” is part of what kept him invested in the project, which he took on as a volunteer effort. The next step, he said, is to give the program a larger stage and bring in more students.
The adult orchestra returned to the same East-West language last week in a concert about mixed identity at the Israeli Opera in Tel Aviv, with additional performances scheduled elsewhere. The program centered on “matrouz,” Arabic for “interweaving,” a Judeo-Arabic tradition of placing Hebrew lyrics over Arabic melodies billed by the orchestra as the “original Jewish mash-up.”
Its pre-recorded guests included Dana International, the Israeli pop star who became the first transgender singer to win Eurovision in 1998, and Yousef Sweid, the Arab Israeli actor – performers who mirror the orchestra’s interest in what it calls “both/and” identities that can be Arab and Jewish, left-wing and right-wing, religious and secular.
The youth evening ended with all the young musicians together playing “Fatouma,” a Lebanese piece arranged and led by Cohen, who bounced on the balls of his feet, twirled on stage and flashed theatrical expressions at the players as he conducted.
“I was looking for a way back to my happiness and I found it in this world of children,” he said. “When I’m with them and making music, I go back to real, deep joy. Like a child.”
The post In Israel, an Arab-Jewish youth orchestra builds a new ‘East-West’ sound together appeared first on The Forward.
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Brooklyn grocer’s boycott of Israeli products spurs celebration and talk of lawsuits
The move by a members-only New York City grocery to ban products from Israel achieved a long-sought goal for a boycott movement, while leaving open questions about what happens next — including possible lawsuits.
Members of the Park Slope Food Coop voted Tuesday night to boycott Israeli products, with 67% of 6,772 votes cast in favor of the boycott and 31% against, following a related vote to lower the threshold for approving boycotts from 75% to 50% plus one vote. The measure specifies that the ban will continue “until Israel complies with international law, including by ceasing unlawful discriminatory practices, in its treatment of Palestinians.”
The co-op had debated a boycott for more than a decade, aligned with a global boycott, divestment and sanctions movement.
Some longtime members and staff objected, voicing concerns about dividing a usually cohesive community where members must volunteer their labor and work in teams in order to shop. Tensions flared in the run-up to Tuesday’s vote, drawing in condemnations from a local rabbi and congressman.
But the only words on the measure itself Tuesday night came in the presentation from its sponsors, which cited “Israeli occupation and apartheid” and “genocide in Gaza” — followed by a successful motion to preempt discussion before the vote.
“Tonight’s win is proof that cooperative movements are powerful models for exercising solidarity and participatory democracy,” said PSFC for Palestine member Taylor Pate, who is running for the coop board. “I am so proud to be a member of the world’s largest member-labor-required food coop that has decisively voted no to supporting a country that has carried out genocide, occupation, and apartheid in Palestine.”
The campaign’s work is not finished. All Park Slope Food Coop boycotts — which historically included South Africa and Chile — must come up for an annual renewal vote.
Alyce Barr, a veteran Jewish coop member who introduced the ban proposal Tuesday night, says future efforts will involve “work with the members of our coop to make sure that our coop is everything we want it to be — welcoming, available to people across economic levels and ethnicities” as well as working “to get more people involved in the democratic effort.”
But some attorneys monitoring the vote and its aftermath suggest talk of democracy does not change an outcome they consider discriminatory.
Kenneth Marcus, CEO of the Louis D. Brandeis Center for Human Rights Under the Law — which helped negotiate a settlement in 2022 that prevented Ben & Jerry’s from refusing to sell its ice cream in the West Bank and East Jerusalem — said in a statement to the Forward the group “is actively evaluating all available legal claims arising from the discriminatory nature of this boycott and the procedural irregularities that allowed it to pass.”
Coop4Unity, a group of members who opposed the boycott, said in an email that they had already retained legal counsel and begun to develop a litigation strategy.
New York City and state Human Rights Law prohibit boycotts that discriminate against someone because of a protected class, such as race or national origin. Groups including the Lawfare Project have argued that provision makes it illegal to engage in boycotts of Israeli goods, which they view as a form of discrimination based on national origin.
Craig Gurian, executive director of the Anti-Discrimination Center — which helped draft parts of New York City’s human rights law — said he believes a suit could be brought that alleges the coop is unwilling to do business with vendors based on their national origin or religion.
“If anybody on the pro-boycott side is thinking, ‘Oh, this is a slam dunk, there’s no risk of liability here,’ they’re being imprudent,” Gurian told the Forward.
But legal advocacy groups including the Center for Constitutional Rights and Palestine Legal have argued boycotts are protected under the First Amendment because they target the policies of the Israeli government, not Jews or Israelis because of their religion or nationality.
A food coop in Olympia, Washington, successfully fought off a lawsuit after it approved an Israeli products ban in 2010.
Meanwhile, U.S. food companies that import products from Israel are waiting to hear what happens next.
One is Seed + Mill, a Manhattan-based sesame and halva brand. Australian co-founder Rachel Simons said she hasn’t heard from the coop, but she assumed after yesterday’s vote that the company’s products would no longer be stocked.
The Park Slope Food Coop has been one of the company’s largest, most high-profile retail outlets, Simons said, accounting for thousands of dollars in sales. She said that the company works with a tahini factory in Israel owned by Arab Israelis, and that her team in New York employs people of many different nationalities and religions.
“I feel a tremendous responsibility to humanize the entire business, the supply chain, the people who are being hurt and harmed by this decision,” Simons told the Forward. “The people who voted against our products, I don’t know how much they really know about who they’re hurting.”
Park Slope Food Coop for Palestine responded with a statement: “Our Coop’s boycott policy is a response to genocide and apartheid, consistent with our values and past boycotts including apartheid South Africa.”
Fresh Traction
The Park Slope Food Coop ban comes as the larger BDS movement is finding fresh traction following the Gaza War.
Bestselling Irish author Sally Rooney, who long refused to work with Israeli publishing houses in compliance with the boycott, recently announced plans to publish her latest novel in Hebrew through an Israeli publisher that now complies with specific tenets of BDS by accepting the movement’s central three demands — “an end to Israel’s occupation of territories captured in 1967, full civil equality for Palestinian citizens of Israel, and the implementation of the Palestinian right of return” — and not doing business in West Bank settlements or receiving money from the Israeli state.
In the U.S., opposition to Israel boycotts attracted bipartisan consensus even relatively recently. In 2019, Congress passed a resolution condemning the boycott, divest and sanction movement by an overwhelming margin of 398-17, and nearly two dozen states have their own restrictions.
But that consensus is breaking down as the conflict in Gaza and war with Iran has brought the movement to boycott Israel to the fore, such as when BDS advocates last October claimed victory for the closure of a popular Israeli restaurant chain in Washington, D.C.
BDS activists are also renewing efforts to repeal legislation or executive orders aimed at limiting boycotts against Israel. Illinois was one of the first states to pass legislation banning the state’s public pension funds from investing in foreign companies that boycott Israel in 2010. The law passed unanimously.
Now, State Rep. Abdelnasser Rashid has introduced legislation to repeal the law. He has found support from Daniel Biss, the Jewish mayor of Evanston, Ill., who is now a Democratic nominee running for Congress.
Biss voted for the anti-BDS law when he was a state senator in 2015, but now he says he’s changed his mind.
“We should all be able to agree that our government must not be wielded to stop people from using their economic agency to advocate for their values,” Biss wrote in a Substack post.
Similar efforts to repeal laws or executive orders that bar state transactions with companies that boycott Israel are ongoing in Maryland, Minnesota and Wisconsin.
“People in other states have reached out to us,” Rebekah Levin, a Jewish Voice for Peace member in Illinois, told the anti-Zionist news site Mondoweiss. “They want to know what we did and how we did it. If we overturn this it would be a boost to other states. It’s a powerful message. This is why pro-Israel groups are afraid of this passing. It’s about more than just Illinois.”
Supporters of the Park Slope Food Coop boycott also see their effort as the beginning of a broader fight.
“The Park Slope Food Coop has inspired and facilitated the growth of co-ops in New York City and around the world, and organizers hope that tonight’s victory will resonate in a similar way,” Park Slope Food Coop Members for Palestine said in a statement.
Sarah Diaz contributed research.
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