Showing posts with label Antisemitism. Show all posts
Showing posts with label Antisemitism. Show all posts

Thursday, March 14, 2024

Complaint Charges Sarah Lawrence College with Antisemitism Violating Title VI

A Complaint (full text) was filed on March 11 with the Department of Education Office for Civil Rights by Hillels of Westchester asking OCR to initiate an investigation of antisemitism at Sarah Lawrence College. The 43-page Complaint (with 46 pages of Exhibits attached) reads in part:

We are submitting this Title VI Complaint1 as counsel for Hillels of Westchester2 ... which is acting on behalf of current and former Jewish students at Sarah Lawrence College (“SLC”) who, as an expression of their Jewish identity, affiliate with Hillel or have an affinity for Israel....

The hostile environment on campus, going back many years, forces these Jewish students to conceal their identity and precludes them from participating in SLC’s social, educational and extracurricular activities unless they disavow their affiliation with Hillel or affinity for Israel.  The administration at SLC has been well aware of this ongoing problem and not only has failed to address it, but at times has been complicit in contributing towards it.  In the painfully sardonic words of one Jewish student who transferred out of Sarah Lawrence College because of its toxic environment, “it is safe to be Jewish as long as you are openly anti-Israel.”...

... [I]n some cases SLC administrators and faculty have discouraged students from lodging formal complaints of anti-Semitism, or have delayed or “slow-walked” the complaint process – essentially, waiting out the students until they graduate or complete the school year. The complaint process itself is notoriously opaque, preventing students from knowing what measures, if any, have been taken to address their complaints.

National Review reports on the Complaint.

Saturday, March 09, 2024

Indiana Legislature Passes Bill Barring Antisemitism in Public Schools and Colleges

On Friday, the Indiana legislature gave final passage to House Bill 1002 (full text) which amends the state Education Code to specifically protect against antisemitism in public schools and colleges.  The bill, as finally enacted, defines antisemitism by adopting the text of the International Holocaust Remembrance Alliance's definition, but, in a compromise, excludes examples given by IHRA that, among other things, indicate when criticism of Israel amounts to antisemitism.  AP reports on the bill's passage, discussing the compromise in greater detail. The bill now goes to Governor Eric Holcomb for his signature.

Monday, March 04, 2024

RLUIPA Safe harbor Does Not Extend to Claims for Monetary Damages

 In Bair Brucha Inc. v. Township of Toms River, New Jersey, (D NJ, Feb. 29, 2024), a New Jersey federal district court granted plaintiffs judgment on the pleadings on their RLUIPA and Free Exercise challenges to discriminatory land use regulations that prevented their construction of a synagogue.  Plaintiffs claimed that Toms River had engaged in an orchestrated effort to prevent the growth of the Orthodox Jewish population in the town. Subsequent to the filing of this lawsuit, the township amended its zoning regulations in a settlement of a RLUIPA suit brought by the Justice Department. Plaintiffs did not deny that their original regulations violated the Equal Terms and the Exclusion and Limits provisions of RLUIPA. However, they contended that since the zoning ordinances have subsequently been amended, the township is covered by the safe harbor provision in RLUIPA that shields a local government from the preemptive force of RLUIPA if it subsequently amends its land use regulations to remove the burdensome or discriminatory provisions. The court held that the safe harbor provision does not extend to claims for monetary damages incurred before the township took corrective action.

Also finding a violation of the Free Exercise clause, the court concluded that the land use regulations were neither neutral nor generally applicable and that antisemitic animus was a motivating factor behind the land use regulations.

Saturday, March 02, 2024

Title VI Claims Against Universities Proliferate Since Israel-Gaza Conflict

As previously reported, in November 2023 the Department of Education issued a "Dear Colleague" letter in response to rising levels of antisemitic and Islamophobic incidents at schools and colleges since the October 7 Hamas attack on Israel and the Israeli response. The letter clarifies that even though Title VI does not specifically cover religious discrimination, many types of antisemitic and Islamophobic attacks fall under other types of discrimination covered by Title VI. The Forward yesterday reported that it has tracked 48 Title VI investigations by DOE's Office of Civil Rights filed since November charging higher education institutions with antisemitism, Islamophobia or similar discrimination, as well as ten lawsuits filed by private parties making similar contentions filed since then. It has published a detailed listing of all the investigations and cases it has tracked. The Forward explains:

When Ken Marcus took over the department’s civil rights office during the George W. Bush administration, he started looking for test cases for a new category of “shared ancestry” that would allow officials to investigate cases that touched on religion. He found one when a Sikh child in New Jersey was beaten by classmates who saw his turban and taunted him as “Osama,” a reference to the infamous Muslim terrorist.

Marcus believed that the discrimination wasn’t strictly religious in nature because the bullies weren’t intending to go after the boy’s Sikh identity. And it wasn’t obviously racial, either, since it was the turban that had drawn the bullies’ attention.

He authorized the department to investigate these types of cases under its authority to prohibit discrimination based on race or national origin, creating a new category called “shared ancestry.” Every subsequent administration has agreed that these cases fall under the department’s purview.

More controversial is the question of what, exactly, constitutes discrimination against Jews based on their shared ancestry. Marcus and many Jewish advocacy groups have taken the position that anti-Zionism — opposition to a Jewish state in Israel — is often antisemitic because many Jews identify with Israel as part of their shared ancestry.

Friday, March 01, 2024

Jewish Students Sue Columbia University Charging Pervasive Antisemitism

Suit was filed last week in a New York federal district court by Jewish and Israeli students at Columbia University charging the University with widespread antisemitism.  The complaint (full text) in Students Against Antisemitism, Inc. v. Trustees of Columbia University in the City of New York, (SDNY, filed 2/21/2024) alleges violations of Title VI of the 1964 Civil Rights Act, of New York state and city Human Rights and Civil Rights Laws, breach of contract and deceptive business practices. The 114-page complaint reads in part:

Columbia ... has for decades been one of the worst centers of academic antisemitism in the United States.  Since October 7, 2023, when Hamas terrorists invaded Israel ...antisemitism at Columbia has been particularly severe and pervasive.... 

Columbia’s antisemitism manifests itself in a double standard invidious to Jews and Israelis.  Columbia selectively enforces its policies to avoid protecting Jewish and Israeli students from harassment, hires professors who support anti-Jewish violence and spread antisemitic propaganda, and ignores Jewish and Israeli students’ pleas for protection.  Those professors teach and advocate through a binary oppressor-oppressed lens, through which Jews, one of history’s most persecuted peoples, are typically designated “oppressor,” and therefore unworthy of support or sympathy.  Columbia permits students and faculty to advocate, without consequence, for the murder of Jews and the destruction of Israel, the only Jewish country in the world....

... Columbia has permitted endemic antisemitism to exclude Jewish and Israeli students from full and equal participation in, and to deprive them of the full and equal benefits of, their educational experience at Columbia, and has invidiously discriminated against them by, among other things, failing to protect them in the same way Columbia has protected other groups.... [I]t has responded to antisemitism with at best deliberate indifference....
Columbia Spectator reports on the lawsuit.

Tuesday, February 20, 2024

New Report on Antisemitism in America Released

Last week, the American Jewish Committee released its report The State of Antisemitism in America 2023. The Report includes a Survey of American Jews, a Survey of the General Public, a Comparison of the Attitudes of the two groups, and a Methodology Report. AJC CEO Ted Deutch, commenting on the Report, said in part:

With nearly half of American Jews reporting they changed their behavior in the past year because of fear of antisemitism, we need to take action – now. AJC’s report also found that over the last year, 4 in 10 Jewish college students have felt the consequences of antisemitism, with one-in-five saying they have been excluded from a group or event because they are Jewish. This should alarm everyone especially with the dramatic increase of antisemitic activity on college campuses that has continued into 2024.

[Thanks to Burt Shifman for the lead.]

Thursday, February 08, 2024

British Employment Tribunal Holds That Anti-Zionist Views Are a Protected Philosophical Belief

In Miller v. University of Bristol, (Bristol Empl. Trib., Feb. 5, 2024), a British Employment Tribunal held that anti-Zionist views held by a Professor of Political Sociology at the University of Bristol qualify as a philosophical belief that is protected under Equality Act 2010, Sec. 4 and 10. In a 108-page, 495 paragraph opinion, the Tribunal describes the professor's claims:

He contends that since at least March 2019 he was subject to an organised campaign by groups and individuals opposed to his anti-Zionist views, which was aimed at securing his dismissal. Further, he alleges that the respondent failed to investigate or support him in respect of this campaign and instead subjected him to discriminatory and unfair misconduct proceedings which culminated eventually in his summary dismissal.

In reaching its conclusion that the professor's beliefs were protected, the court applied the criteria from an Employment Appeals Tribunal decision, Grainger Plc v. Nicholson, one of which is that the belief "must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others."

The professor contended "that his anti-Zionism is not opposition to or antipathy towards Jews or Judaism," and apparently the University conceded that none of his actions or statements were antisemitic.

The court, in finding that the professor's beliefs are protected, said in part:

... [W]hile those in opposition to the claimant's views could logically and cogently argue that antisemitism is why Zionism exists in the first place, it is not for the tribunal to inquire into the validity of either belief.... 

The tribunal is aware that there are very strong opposing beliefs and opinions to those held and expressed by the claimant. However, ... the paramount guiding principle in assessing any belief is that it is not for the court or tribunal to inquire into its validity.

In a press release commenting on the court's decision, the University said in part:

 After a full investigation and careful deliberation, the University concluded that Dr Miller did not meet the standards of behaviour we expect from our staff in relation to comments he made in February 2021 about students and student societies linked to the University. As a result and considering our responsibilities to our students and the wider University community, his employment was terminated. 

Law & Religion UK has a lengthier discussion of the decision.

Thursday, February 01, 2024

Delaware School Enters Resolution Agreement with DOE Over Antisemitism Complaint

In a January 29 press release, the U.S. Department of Education Office for Civil Rights announced an agreement with the Red Clay, Delaware, Consolidated School District resolving a complaint about antisemitic harassment of a student. The press release sets out a number of incidents of harassment by fellow students. It then finds:

While the district responded to most harassing incidents the student experienced, these responses were often haphazard; were inconsistently enforced as well as inconsistently reflected in district documentation; did not consistently include effective or timely steps to mitigate the effects of the harassment on the student or other students; and did not appear to respond to escalating and repeated incidents.

OCR's findings are set out at greater length in its formal letter to the school district.

The school district has agreed (full text of Resolution Agreement) to reimburse the student's parents for past counseling, academic and therapeutic service costs from the incidents. It has agreed to widely publicize an anti-harassment statement; implement a student informational program; revise school policies; engage in training; audit complaints and incidents; and conduct an assessment of school climate.

JTA, reporting on the agreement, says:

The agreement marks the first time in nine months that the education department announced the closure of an antisemitism-related investigation filed under Title VI....

National Guard General Seeks $1.6M Damages for Antisemitic Harassment and Termination

A suit charging antisemitic discrimination was filed last week in a California state trial court by a retired Brigadier General in the Air National Guard against his former supervisor as well as against the state of California, the California Military Department and California Governor Gavin Newsom seeking $1.6 million in damages and injunctive relief. The complaint (full text) in Magram v. Beevers, (CA Super. Ct., filed 1/24/2024), alleges in part:

This case is an action for Religious Discrimination, Harassment, and Wrongful Termination in violation of California Government Code § 12940, and the California Fair Employment and Housing Act (“FEHA”) arising out of Magram’s 37-plus years of employment with the California Air Guard and United States Air Force, which includes 14-plus years as a full time officer on State Active Duty with the CMD. Beevers discriminated against Magram by harassing and wrongfully terminating Magram because of Magram’s Jewish faith, Jewish heritage, and Magram’s complaints about Beevers’ anti-Semitic discrimination and harassment. Beevers’ discrimination against Magram violated FEHA and California public policy. The State of California, CMD, and Governor Newsom were aware of Beevers’ anti-Semitism, Beevers’ anti-Semitic campaign, and Beevers’ retaliation against Magram. The State California, CMD and Governor Newsom facilitated and ratified Beevers’ anti-Semitism and Beevers’ anti-Semitic campaign against Magram.

Stars and Stripes reports on the lawsuit.

Friday, January 12, 2024

Students Sue Harvard for Antisemitism Violating Title VI

Suit was filed this week in a Massachusetts federal district court by Harvard University students against the University charging that the University is in violation of Title VI of the 1964 Civil Rights Act by failing to protect Jewish students from "rampant anti-Jewish hatred and harassment." It also alleges breach of contract claims. The 77-page complaint (full text) in Kestenbaum v. President and Fellows of Harvard College, (D MA, filed 1/10/2024) says in part:

Harvard’s antisemitism cancer—as a past Harvard president termed it—manifests itself in a double standard invidious to Jews. Harvard selectively enforces its policies to avoid protecting Jewish students from harassment, hires professors who support anti-Jewish violence and spread antisemitic propaganda, and ignores Jewish students’ pleas for protection. Those professors teach and advocate through a binary oppressor-oppressed lens, through which Jews, one of history’s most persecuted peoples, are typically designated “oppressor,” and therefore unworthy of support or sympathy. Harvard permits students and faculty to advocate, without consequence, the murder of Jews and the destruction of Israel, the only Jewish country in the world. Meanwhile, Harvard requires students to take a training class that warns that they will be disciplined if they engage in sizeism, fatphobia, racism, transphobia, or other disfavored behavior....

Harvard’s purported excuse for refusing to take disciplinary measures and sitting by idly as the Jew-bashing on campus escalates—that antisemitic harassment is protected by free expression principles—confirms its antisemitic double standard. Considering that Harvard aggressively enforces policies to address bias against other minorities and regularly disciplines students and faculty members who harass other groups or espouse viewpoints Harvard deems inappropriate, its refusal to discipline students attacking, harassing, or intimidating Jews is glaring. Based on its track record, it is inconceivable that Harvard would allow any group other than Jews to be targeted for similar abuse or that it would permit, without response, students and professors to call for the annihilation of any country other than Israel....

Harvard must now be compelled to implement institutional, far-reaching, and concrete remedial measures, including, among other things: (i) disciplinary measures, including the termination of, deans, administrators, professors, and other employees responsible for antisemitic discrimination and abuse, whether because they engage in it or permit it; (ii) disciplinary measures, including suspension or expulsion, against students who engage in such conduct; (iii) declining and returning donations, whether from foreign countries or elsewhere, implicitly or explicitly conditioned on the hiring or promotion of professors who espouse antisemitism or the inclusion of antisemitic coursework or curricula; (iv) adding required antisemitism training for Harvard community members; and (v) payment of appropriate damages for lost or diminished educational opportunities, among other things.

Harvard Crimson reports on the lawsuit.

Tuesday, January 09, 2024

Art Institute School Sued for Antisemitic Discrimination and Hostility

Three weeks ago, suit was filed in an Illinois federal district court against the School of the Art Institute of Chicago by a Jewish Israeli student claiming a long-running pattern of discrimination and hostility at the school toward Jews and Israelis. The complaint (full text) in Canel v. School of the Art Institute of Chicago, (ND IL, filed 12/22/2-23), alleges discrimination against plaintiff in the admissions process and increasing harassment by faculty and students since the October 7 Hamas terror attack on Israel. Also named as a defendant was one Art Therapy faculty member who has taken a leading role in facilitating anti-Israel actions aimed at plaintiff. The complaint alleges violation of Title VI of the 1964 Civil Rights Act the Illinois Human Rights Act and the Illinois Consumer Fraud and Deceptive Business Practices Act, as well as breach of contract and intentional infliction of emotional distress. Jewish News Service reports on the lawsuit.

Saturday, December 09, 2023

U Penn Sued Over Hostile Antisemitic Campus Environment

Suit was filed earlier this week in a Pennsylvania federal district court by two Jewish students alleging that the hostile environment for Jewish students on the University of Pennsylvania's campus violates Title VI of the 1964 Civil Rights Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law and constitutes a breach of contract. The 84-page complaint (full text) in Yakoby v. University of Pennsylvania, (ED PA, filed 12/5/2023), alleges in part:

1. Penn, the historic 300-year-old Ivy League university, has transformed itself into an incubation lab for virulent anti-Jewish hatred, harassment, and discrimination. Once welcoming to Jewish students, Penn now subjects them to a pervasively hostile educational environment. Among other things, Penn enforces its own rules of conduct selectively to avoid protecting Jewish students from hatred and harassment, hires rabidly antisemitic professors who call for anti-Jewish violence and spread terrorist propaganda, and ignores Jewish students’ pleas for protection. In doing so, Penn has placed plaintiffs and other Jewish and Israeli students at severe emotional and physical risk. 

2. This lawsuit seeks to hold Penn accountable under Title VI of the Civil Rights Act of 1964 for the damages it has caused plaintiffs and for its failure to remedy the hostile environment on its campus. The harassment and discrimination on campus and in the classroom are relentless and intolerable. Plaintiffs and their Jewish peers are routinely subjected to vile and threatening antisemitic slurs and chants such as “Intifada Revolution,” “from the River to the Sea,” “Fuck the Jews,” “the Jews deserve everything that is happening to them,” “you are a dirty Jew, don’t look at us,” “keep walking you dirty little Jew,” “get out of here kikes!” and “go back to where you came from.” Plaintiffs and other Jewish students must traverse classrooms, dormitories, and buildings vandalized with antisemitic graffiti. Subjected to intense anti-Jewish vitriol, these students have been deprived of the ability and opportunity to fully and meaningfully participate in Penn’s educational and other programs.

The Daily Pennsylvanian reports on the lawsuit.

Wednesday, November 29, 2023

Jewish Groups Sue Over Berkeley Law Student Organizations' Antisemitic Policies

Suit was filed yesterday in a California federal district court against the University of California at Berkely and Berkeley Law School challenging growing antisemitic discrimination and harassment on campus. The complaint (full text) in Louis D. Brandeis Center, Inc. v. Regents of the University of California, (ND CA, filed 11/28/2023), alleges that policies of law student organizations violate the Equal Protection and Free Exercise Clauses, violates the §1981 right to contract and violates Title VI of the 1964 Civil Rights Act. The complaint alleges in part:

4. In spite of the recognition of anti-Zionism as a form of anti-Semitism, no fewer than 23 Berkeley Law student organizations have enacted policies to discriminate against and exclude Jewish students, faculty, and scholars. For example: 

• To be a member of Women of Berkeley Law, the Queer Caucus at Berkeley, or the Asian Pacific American Law Students Association, Jewish students must accede to the groups' support of the Boycott Divestment and Sanctions movement, which seeks to dismantle the modern State of Israel; 

• In order to volunteer to provide pro bono legal services through a number of Berkeley Law Legal Services organizations, Jewish students must undergo a "Palestine 101" training program that emphasizes the illegitimacy of the State of Israel; 

• And to speak to any of these student organizations, invited speakers must first repudiate Zionism under a bylaw that prohibits speakers who hold Zionist views (the "Exclusionary Bylaw"). In fact, the Berkeley Journal of Gender, Law, and Justice, goes one step further, prohibiting Zionists not only from speaking to its members but from publishing in its pages. 

5. Under these policies, Jewish students, faculty, and guest speakers must deny a central part of their cultural, ancestral heritage and a fundamental tenet of their faith in order to be eligible for the same opportunities Berkeley accords to others....

118.  Specifically, Defendants have selectively chosen not to enforce Berkeley's all-comers policy and Policy on Nondiscrimination against student organizations in the Law School and the undergraduate campus that have discriminated against or excluded Jewish members of the school community from participating in organizations, programs, and activities. For similar reasons, Defendants' decision not to enforce the Policy on Nondiscrimination against these groups where they refuse to accept Jewish speakers is unlawful.,,,

Politico reports on the lawsuit.

Wednesday, November 15, 2023

White House Summarizes Recent Initiatives to Combat Antisemitism and Islamophobia at Schools and Colleges

The White House yesterday issued a Fact Sheet: Biden-⁠Harris Administration Takes Action to Address Alarming Rise of Reported Antisemitic and Islamophobic Events at Schools and on College CampusesIt announces recent initiatives and updated resources from the Department of Justice, the Department of Education, the Department of Agriculture, and the Department of Homeland Security to counter the increase in antisemitic and Islamophobic incidents at schools and colleges since the October 7 Hamas terrorist attacks in Israel.

Wednesday, November 08, 2023

DOE Reminds Schools of Duty to Protect Against Antisemitic and Islamophobic Discrimination

The U.S. Department of Education's Assistant Secretary for Civil Rights issued a "Dear Colleague" letter on Tuesday in response to rising levels of antisemitic and Islamophobic incidents at schools and colleges since the October 7 Hamas attack on Israel. (Press release). The letter (full text) says in part:

I write to remind colleges, universities, and schools that receive federal financial assistance of their legal responsibility under Title VI of the Civil Rights Act of 1964 and its implementing regulations (Title VI) to provide all students a school environment free from discrimination based on race, color, or national origin, including shared ancestry or ethnic characteristics. It is your legal obligation under Title VI to address prohibited discrimination against students and others on your campus—including those who are or are perceived to be Jewish, Israeli, Muslim, Arab, or Palestinian—in the ways described in this letter....

Schools that receive federal financial assistance have a responsibility to address discrimination against Jewish, Muslim, Sikh, Hindu, Christian, and Buddhist students, or those of another religious group, when the discrimination involves racial, ethnic, or ancestral slurs or stereotypes; when the discrimination is based on a student’s skin color, physical features, or style of dress that reflects both ethnic and religious traditions; and when the discrimination is based on where a student came from or is perceived to have come from, including discrimination based on a student’s foreign accent; a student’s foreign name, including names commonly associated with particular shared ancestry or ethnic characteristics; or a student speaking a foreign language.

Wednesday, November 01, 2023

Louis Farrakhan Sues Anti-Defamation League for $4.8 Billion

Suit was filed earlier this month in a New York federal district court by Nation of Islam leader Louis Farrakhan against the Anti-Defamation League and the Simon Wiesenthal Center seeking $4.8 billion in damages. The suit alleges that defendants are interfering with Farrakhan's activities through labeling him as an antisemite. The complaint (full text) in Farrakhan v. Anti-Defamation League, (SD NY, filed 10/16/2023), alleges violations of the First Amendment's protections for freedom of association and free exercise of religion, as well as alleging causes of action for defamation. The complaint contends that the Anti-Defamation Leage is a "de facto, quasi-governmental actor", alleging in part:

 344.... [O]n or about December 20, 2022, the Defendant ADL submitted a demand letter directly to the Office of Management and Budget ... for funds it desired to be redirected from programs and services that benefit the average American citizen to its own coffers to be used as it sees fit....

345.Extraordinarily, that same demand letter brazenly commanded the OMB to allocate funds to other agencies and departments of the U.S. government that it, and/or its functionaries, would directly benefit from....

348.Based upon the regulations of the U.S. government, Defendant ADL’s fiscal appropriations demand made directly to the OMB incontrovertibly establishes it as a quasi-governmental agency....

More generally, the complaint says in part:

2. For nearly forty (40) years, the Anti-Defamation League ..., later joined by the Simon Wiesenthal Center ..., in violation of the rights and protections guaranteed by the First Amendment to the United States Constitution, have engaged in actions to hinder Minister Farrakhan and the Nation of Islam from continuing the Mission that Allah (God) gave to the Most Honorable Elijah Muhammad. 

3. That Mission, accepted by Minister Farrakhan, is to deliver the Truth that will correct the condition of spiritual, mental and moral death of the black man and woman of America that came as a result of the 310 years of chattel slavery and over 150 years of oppression and suppression, thereafter....

6. This lawsuit is to ensure that the abuse, misuse, and false use of the terms “anti-Semite,” “anti-Semitic,” and “antisemitism,” as falsely charged by the Defendants is permanently barred from being a tool to defame Plaintiffs and stifle the exercise of constitutional rights.

The Forward reports on the lawsuit.

Tuesday, October 17, 2023

FBI Releases 2022 Hate Crime Statistics

The FBI yesterday released 2022 Crime Statistics, including data on hate crimes (Methodology)  (Data on Incidents). According to the FBI:

In 2022, law enforcement agency participation significantly increased ... with a population coverage of 91.7% submitting incident reports.... There were over 11,000 single-bias hate crime incidents.... [T]he top three bias categories ... were race/ethnicity/ancestry, religion, and sexual-orientation.

The FBI reported 2,042 incidents of religiously-motivated hate crimes. 1,122 of these were anti-Jewish. The next most numerous were 181 anti-Sikh incidents; 158 anti-Muslim and 107 anti-Catholic. President Biden issued a Statement (full text) on the Hate Crime Statistics, saying in part:

The data is a reminder that hate never goes away, it only hides. Any hate crime is a stain on the soul of America.

To those Americans worried about violence at home, as a result of the evil acts of terror perpetrated by Hamas in Israel, we see you. We hear you. And I have asked members of my team ... to prioritize the prevention and disruption of any emerging threats that could harm Jewish, Muslim, Arab American, or any other communities during this time. My Administration will continue to fight Antisemitism and Islamophobia.

Tuesday, October 10, 2023

Indiana Man Indicted for Sending Death Threats to ADL Staff

The Department of Justice announced last week that a federal grand jury has indicted an Indiana man for making telephone death threats to offices of the Anti-Defamation League in New York, Houston, Denver and Las Vegas. The Indictment (full text) in United States v. Boryga, (SD IN, Oct. 3, 2023), charges defendant with four counts of transmitting in interstate commerce a threat to injure. It charges that defendant chose the threat targets because of the actual and perceived religion of ADL employees and members. According to DOJ:

If convicted on all counts, Boryga faces a maximum penalty of 20 years in prison, three years of supervised release and a fine of up to $250,000.

Friday, September 29, 2023

8 Federal Agencies Clarify When Title VI Bars Discrimination Related to Religion

The White House announced yesterday that eight federal agencies have "clarified—for the first time in writing—that Title VI of the Civil Rights Act of 1964 prohibits certain forms of antisemitic, Islamophobic, and related forms of discrimination in federally funded programs and activities."  The agency actions are seen as part of President Biden’s National Strategy to Counter Antisemitism.  Title VI of the 1964 Civil Rights Act covers discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. It does not explicitly bar religious discrimination.  The agency Fact Sheets publicized by the White House each focuses on the kind of discrimination against persons of a particular religion that could come within the scope of Title VI. Here are the agencies' interpretations:

Department of Agriculture Fact Sheet; Department of Health and Human Services Fact Sheet; Department of Homeland Security Fact Sheet; Department of Housing and Urban Development Fact Sheet and Memorandum; Department of Interior Fact Sheet; Department of Labor Fact Sheet; Department of Treasury Fact Sheet; Department of Transportation Fact Sheet.

Friday, September 15, 2023

Suit Challenges Adoption of Ethnic Studies Courses That Contain Anti-Jewish Materials

Suit was filed last week in a California state trial court by several Jewish groups who contend that the ethnic studies curriculum adopted by the Santa Ana Unified School District Board of Education includes antisemitic and anti-Israel content.  The complaint (full text) in Louis D. Brandeis Center for Human Rights Under Law v. Santa Ana Unified School District Board of Education, (CA Super. Ct., filed 9/8/2023), alleges violations of California's open meeting law ("Brown Act") that prevented adequate participation in school board meetings by members of the Jewish community.  The complaint alleges both inadequate notice of meetings and harassment during the meetings.  The complaint alleges in part:

Comments made by members of the public during the May 23, 2023 meeting included classic antisemitic tropes as well as threatening and violent language against Jews and Israelis. Furthermore, audience members hissed as the names of Jewish attendees were called, applause broke out in response to antisemitic slurs, and during a presentation by two Jewish high school students, Board meeting attendees shouted, “you’re racists” and “you’re killers.” A Jewish student reported being followed to her car and harassed by a meeting attendee, and that SAUSD’s security was unable to provide sufficient protection or support.

ADL issued a press release announcing the filing of the lawsuit.