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Beyond the ‘Day of Hate’: The best strategy to keep American Jews safe over the long term

(JTA) — My synagogue sent out a cautiously anxious email yesterday about an event coming this Shabbat, a neo-Nazi “Day of Hate.” The email triggered fuzzy memories of one of the strangest episodes that I can remember from my childhood.

Sometime around 1990, in response to local neo-Nazi activity, some Jews from my community decided to “fight back.” I don’t know whether they were members of the militant Jewish Defense League, or perhaps just sympathetic to a JDL-style approach. When our local Jewish newspaper covered the story, it ran on its front cover a full-page photo of a kid from my Orthodox Jewish high school. The photo showed a teenage boy from behind, wearing a kippah and carrying a baseball bat that was leaning threateningly on his shoulder.

As it happens, “Danny” was not a member of the JDL, he was a kid on his way to play baseball. Sometimes, a baseball bat is just a baseball bat. But not for us anxious Jews in America: We want to see ourselves as protagonists taking control of our destiny, responding to antisemites with agency, with power, with a plan. I’m sorry to say that as I look around our community today, it seems to me that we have agency, and we have power — but we certainly don’t seem to have a plan.

The tactics that the American Jewish community uses to fight back against antisemitism are often ineffective on their own and do not constitute a meaningful strategy in the composite. One is that American Jews join in a partisan chorus that erodes our politics and fixates on the antisemitism in the party they don’t vote for. This exacerbates the partisan divide, which weakens democratic culture, and turns the weaponizing of antisemitism into merely a partisan electoral tactic for both sides.

Another tactic comes from a wide set of organizations who have declared themselves the referees on the subject and take to Twitter to name and shame antisemites. This seems to amplify and popularize antisemitism more than it does to suppress it.

A third common tactic is to pour more and more dollars into protecting our institutions with robust security measures, which no one thinks will defeat antisemitism, but at least seeks to protect those inside those institutions from violence, though it does little to protect Jews down the street. Richer Jewish institutions will be safer than poorer ones, but Jews will continue to suffer either way.

A fourth tactic our communal organizations use to fight antisemitism is to try to exact apologies or even fines from antisemites to get them to retract their beliefs and get in line, as the Anti-Defamation League did with Kyrie Irving, an approach that Yair Rosenberg has wisely argued is a no-win proposition. Yet another tactic is the insistence by some that the best way to fight antisemitism is to be proud Jews, which has the perverse effect of making our commitment to Jewishness dependent on antisemitism as a motivator.

And finally, the most perverse tactic is that some on both the right and the left fight antisemitism by attacking the ADL itself. Since it is so hard to defeat our opponents, we have started beating up on those that are trying to protect us. What could go wrong?

Steadily, like a drumbeat, these tactics fail, demonstrating themselves to be not a strategy at all, and the statistics continue to show a rise in antisemitism.

Perhaps we are too fixated on the idea that antisemitism is continuous throughout Jewish history, proving only that there is no effective strategy for combating this most persistent of hatreds.

Instead, we would do well to recall how we responded to a critical moment in American Jewish history in the early 20th century. In the aftermath of the Leo Frank lynching in 1915 – the murder of a Jewish man amid an atmosphere of intense antisemitism — Jewish leaders formed what would become the ADL by building a relationship with law enforcement and the American legal and political establishment. The ADL recognized that the best strategy to keep American Jews safe over the long term, in ways that would transcend and withstand the political winds of change, was to embed in the police and criminal justice system the idea that antisemitism was their problem to defeat. These Jewish leaders flipped the script of previous diasporic experiences; not only did they become “insiders,” they made antisemitism anathema to America itself. (And yes, it was the Leo Frank incident that inspired “Parade,” the forthcoming Broadway musical that this week attracted white supremacist protesters.)

For Jews, the high-water mark of this strategy came in the aftermath of the Tree of Life shooting in Pittsburgh. It was the low point in many ways of the American Jewish experience, the most violent act against Jews on American soil, but it was followed by a mourning process that was shared across the greater Pittsburgh community. The words of the Kaddish appeared above the fold of the Pittsburgh Post-Gazette. That is inconceivable at most other times of Jewish oppression and persecution. It tells the story of when we are successful – when antisemitism is repudiated by the general public. It is the most likely indicator that we will be collectively safe in the long run.

We were lucky that this move to partner with the establishment was successful. I felt this deeply on a recent trip to Montgomery, Alabama. Seeing the memorials to Black Americans persecuted and lynched by and under the very system that should have been protecting them from the worst elements of society is a reminder that not all minorities in America could then — or today — win over the elements of American society that control criminal justice.

Visitors view items left by well-wishers along the fence at the Tree of Life synagogue in Pittsburgh on the first anniversary of the attack there, Oct. 27, 2019. (Jeff Swensen/Getty Images)

A strategic plan to defeat antisemitism that must be collectively embraced by American Jews would build on this earlier success and invest in the infrastructure of American democracy as the framework for Jewish thriving and surviving, and continue the historic relationship-building that changed the Jews’ position in America. It would stop the counterproductive internecine and partisan battle that is undermining the possibility of Jewish collective mobilization.

It means more investment, across partisan divides, in relationships with local governments and law enforcement, using the imperfect “definitions of antisemitism” as they are intended — not for boundary policing, but to inform and help law enforcement to monitor and prevent violent extremism. It means supporting lawsuits and other creative legal strategies, like Integrity First for America’s groundbreaking efforts against the Unite the Right rally organizers, which stymie such movements in legal gridlock and can help bankrupt them.

It means practicing the lost art of consensus Jewish collective politics which recognize that there must be some baseline agreement that antisemitism is a collective threat, even if any “unity” we imagine for the Jewish community is always going to be be instrumental and short-lived.

It means supporting institutions like the ADL, even as they remain imperfect, even as they sometimes get stuck in some of the failed strategies I decried above, because they have the relationships with powerful current and would-be allies in the American political and civic marketplace, and because they are fighting against antisemitism while trying to stay above the partisan fray.

It means real education and relationship-building with other ethnic and faith communities that is neither purely instrumental nor performative — enough public relations visits to Holocaust museums! — so that we have the allies we need when we need them, and so that we can partner for our collective betterment.

And most importantly, it means investing in the plodding, unsexy work of supporting vibrant American democracy — free and fair elections, voting rights, the rule of law, peaceful transitions of power — because stable liberal democracies have been the safest homes for minorities, Jews included.

I doubt we will ever be able to “end” individual antisemitic acts, much less eradicate antisemitic hate. “Shver tzu zayn a Yid” (it’s hard to be a Jew). We join with our fellow Americans who live in fear of the lone wolves and the hatemongers who periodically terrorize us. But we are much more capable than we are currently behaving to fight back against the collective threats against us. Instead, let’s be the smart Americans we once were.

The real work right now is not baseball bats or billboards, it is not Jewish pride banalities or Twitter refereeing: It is quiet and powerful and, if done right, as American Jews demonstrated in the last century, it will serve us for the long term.

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The post Beyond the ‘Day of Hate’: The best strategy to keep American Jews safe over the long term appeared first on Jewish Telegraphic Agency.

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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.

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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.”