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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.
The post Brooklyn grocer’s boycott of Israeli products spurs celebration and talk of lawsuits 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.
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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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