Eviction Did Not Violate Plaintiff's Free Exercise Rights

In Wexler v. City of San Diego, California, (SD CA, Nov. 4, 2024), a California federal district court rejected plaintiff's claim that his free exercise rights were violated when he was evicted from rental property he had occupied for a few days. The court said in part:

Plaintiff alleges that Defendant Dup-A-Key harmed him by changing the rental unit’s door locks on the Sabbath....  Plaintiff alleges harm from Defendant Rough Rider Real Estate because he “had to record” Defendant’s employee drilling of a “No Trespass” sign onto the property on the Sabbath.... Plaintiff further alleges harm from Defendant Police Officers because the alleged unlawful eviction occurred on the Sabbath....  However, these actions are not violations under the Free Exercise Clause.  Plaintiff has not alleged that Defendants Dup-A-Key and Rough Rider Real Estate were government entities.  Nor does Plaintiff sufficiently allege that any government policy was not neutral or not generally applicable.  Accordingly, the Court DISMISSES Plaintiff’s First Amendment § 1983 claims against all Defendants with leave to amend.

The court also rejected a variety of other challenges to the eviction alleged by plaintiff, including a claim that police officers discriminated against him because he mentioned to them that he was an Orthodox Jewish person.

9th Circuit: California IDEA Rules Violate Free Exercise Clause

In Loffman v, California Department of Education, (9th Cir., Oct. 28, 2024), the U.S. 9th Circuit Court of Appeals reversed a California federal district court's dismissal of a suit by the parents of a special needs child that challenges as a violation of the Free Exercise and Equal Protection Clauses a portion of California's rules implementing the federal Individuals With Disabilities Education Act (IDEA). In California, a private school may be certified as a NPS (non-public school offering special education programs) so long as the school is non-sectarian. When a local educational agency refers a child to an NPS, the state pays the child's full tuition there. However, religiously affiliated schools may not be certified as NPS's even if the curriculum offered to special needs children is secular. Here, plaintiffs wanted to send their children to an Orthodox Jewish school but obtain the benefits available from an NPS. The 9th Circuit said in part:

 ... [A]ny religiously affiliated school seeking to enter into an NPS contract in California must choose whether to maintain its religious affiliation or to serve as an NPS eligible for consideration ... in determining whether it may be in the best position to provide an IEP [individualized education program] for an individual child.  

Religious entities that are equally or better qualified than secular ones to provide special education and related services are disqualified solely because they are “owned, operated, controlled by, or formally affiliated with a religious group or sect, whatever might be the actual character of the education program or the primary purpose of the facility.”...

As we have previously recognized, a statutory scheme that requires a family to “forgo a sectarian education . . . in order to receive” special education benefits otherwise available in a private school setting imposes a “burden on their free exercise rights.”  ...

Parent Plaintiffs have plausibly alleged “that a government entity has burdened [their] sincere religious practice pursuant to a policy that is not ‘neutral’ or ‘generally applicable,’” so the focus “shifts to the defendant” to show that the challenged action survives strict scrutiny....

[E]ven if the State Appellee could demonstrate a compelling interest in neutrality here, it has failed to demonstrate that the nonsectarian requirement is narrowly tailored to serve that interest.  Thus, we conclude that the State Appellee fails to demonstrate that the nonsectarian requirement satisfies strict scrutiny.

National Catholic Register reports on the decision.

Lufthansa Fined $4M For Discrimination Against Jewish Passengers Flying On Pilgrimage To Hungary

On Oct. 7, a Consent Cease-and-Desist Order (full text) was issued by the U.S. Department of Transportation imposing civil penalties of $4 million on the air carrier Lufthansa for religious discrimination against Jewish passengers traveling to Budapest in 2022 to participate in the annual pilgrimage to the shrine of the so-called "miracle rabbi" Yeshaya Steiner (known as Rabbi Shayele). (Background). The airline received a credit for $2 million that it had already paid to passengers.

Some 128 identifiably Orthodox Jewish passengers were on a flight from New York, with a connection in Frankfurt to go on to Budapest. They were all barred from boarding the connecting flight in Frankfurt after some 60 of the passengers refused on the first leg of the flight to comply with the Covid-related requirement to wear masks on the flight and some also gathered in aisles and near exits. The DOT Consent Order said in part:

Lufthansa’s decision to affix an HPC [High Priority Comment] to the reservations of nearly every passenger traveling in a group to Budapest without limiting such affixation to those passengers who Lufthansa verified failed to follow crew instructions on LH 401, which did not comport with Lufthansa’s own boarding procedures, directly resulted in the inability of the passengers to travel on the flights they purchased. As such, Lufthansa took action that had an adverse effect on these passengers whose only affiliation with each other was that they were of the same religion and/or ethnicity. 

Lufthansa’s actions impacted passengers who did not engage in problematic conduct. OACP finds that, under the totality of the circumstances, Lufthansa’s treatment of the 128 Jewish passengers as a collective group, based on the alleged misconduct of a smaller number of those individuals, constitutes discrimination based on religion in violation of 49 U.S.C. § 40127.

DOT issued a press release announcing the Consent Order. AP reported on the Consent Order. [Thanks to Scott Mange for the lead.]

Federal Court Refuses to Enjoin Distribution of Notice from Rabbinical Court

In Esses v. Rosen, (ED NY, Oct. 15, 2024), a New York federal district court refused to issue a preliminary injunction barring defendants from disseminating in plaintiff's neighborhood a rabbinical court's notice (a sieruv) that plaintiff has failed to respond to a summons from the rabbinical court. Plaintiff also asked that the seiruv be taken down or removed from places where it had been posted. Plaintiff alleged claims for defamation and intentional infliction of emotional distress.  The court said in part:

While plaintiff does not dispute that she brought the claims in this case before a secular court rather than a religious one, she suggests that the seiruv is defamatory because it indicates that her doing so was “improper[].”  That statement is nowhere contained in the seiruv itself.  But even if the seiruv is read to convey that implication through its reference to plaintiff’s civil filing, the First Amendment would prevent this Court from second-guessing a religious court’s view of impropriety. ... 

Plaintiff next claims that the instructional document distributed with the seiruv is defamatory because it falsely conveys “that the rabbis of the beth din were encouraging social ostracism and shaming in this case.” ... In any event, the Establishment Clause would preclude this Court from finding defamation on that ground.  To decide whether the instructional document was true or false in its asserted characterization of plaintiff’s seiruv, the Court would be “called upon to inquire into the rules and customs governing rabbinical courts as they are utilized in the Orthodox Jewish religion,”

[Thanks to Volokh Conspiracy for the lead.]

Biden Addresses Call to Jewish Leaders Ahead of Yom Kippur

The Jewish holiday of Yom Kippur begins at sundown this evening.  Last Wednesday, President Biden spoke for over ten minutes (full text of remarks) during a White House Call with Jewish Faith Leaders for High Holidays. The President said in part:

In the last three years, it’s been the honor to do this High Holiday with all of you from the White House in a season of joy and a season of pain....

... I know this year’s call is very different, and it’s a ... difficult time for the Jewish community and for Jews around the world.  In the midst of the High Holidays, two days ago, we commemorated the first anniversary of October 7th, the deadliest day for Jewish people since the Holocaust....

I also want you to know that I see you, I hear you, I see your pain from the ferocious surge of antisemitism in America and, quite frankly, around the world — absolutely despicable.  And I hope ... we learned a lesson from our parents’ generation.  We have to stand up.  We have to call it out.  It has to be stopped....

My administration is calling on the social media companies to adopt a zero-tolerance policy toward antisemitism and other hateful content, including the vile antisemitic attacks online that we’ve seen in recent days against public officials leading responses to recovery efforts to Hurricane Helene and Hurricane Milton....

Let me close with this.  I think about the wisdom I’ve learned from Jewish communities in Delaware and across the country that I’ve gotten to know over the years.  It seems to me there is a delicate yet profound balance between joy and pain to the High Holidays....

From my perspective, Jewish people have embodied this duality of pain and joy for generations.  It’s your strength.  The Jewish people have always chosen to find joy and happiness and light, despite centuries of suffering, persecution, and pain. 

... [I]t’s an enduring lesson and legacy for the Jewish people and for all of America to understand.

Israel's Supreme Court Orders Tel Aviv to Permit Outdoor Sex-Separated Yom Kippur Services

Times of Israel reports that yesterday a unanimous 3-judge panel of Israel's Supreme Court ordered the municipality of Tel Aviv to permit the Orthodox Jewish outreach organization Rosh Yehudi to hold outdoor sex-separated Yom Kippur services.  According to the report:

The ruling comes after the Tel Aviv Municipality refused to allow such a service with a gender partition anywhere outdoors in the city, citing a municipal ordinance banning public gender separation and despite being requested by the court to agree to such a compromise.

Last Yom Kippur, Dizengoff Square was the scene of a violent struggle between secular activists and a group of Rosh Yehudi worshipers when the organization defied a municipality ban on a prayer service with a gender partition, a decision upheld by the courts, by setting up a barrier made of Israeli flags....

During Wednesday’s hearing, the three justices were highly critical of the Tel Aviv Municipality’s position, accused it of discriminating against Orthodox worshipers and were frustrated by its refusal to countenance the compromise suggested by the court to move the prayers to Meir Park....

The ruling itself, ordering the municipality to accept the compromise the court offered, was issued without the reasoning behind it due to the time constraints of the case, coming just days before Yom Kippur which falls this Friday night and Saturday.

RLUIPA Success Unlikely on Challenge to Denial of Special Use Permit for Jewish Retreat Center

In Fresh Start Center v. Township of Grosse Ile, (ED MI, Sept. 5, 2024), a Michigan federal district court refused to grant a preliminary injunction in a RLUIPA lawsuit challenging the denial of a variance and a special land use permit to the Fresh Start Center to operate a religious retreat center in an area zoned residential. The Center holds retreats twice a month for Orthodox Jews who have experienced a loss of faith because of trauma. Each retreat involves 4 to 5 participants from all over the world and up to 4 other staff. The court said in part:

Because Plaintiff has not demonstrated a strong likelihood of establishing a substantial burden on the Center’s religious exercise, the Court need not determine whether that substantial burden was the least restrictive means of furthering a compelling government interest....  Here, the Center has not shown there are no feasible alternate locations within the Township and outside the Township where the Center can conduct its retreats.  The only burden the Center has demonstrated is disappointment that it cannot conduct its retreats at the Property.  The present record reveals that being unable to conduct its retreats at a desired location does not rise to the level of a substantial burden.  While the Center may ultimately succeed on the merits once the record is more fully developed, at this juncture it has not shown a strong likelihood of success on the merits of its substantial burden RLUIPA claim....

The court also concluded that plaintiff is unlikely to prevail on a claim that the denial violated the equal terms provision of RLUIPA.

Court Grants Injunction to Jewish Students at UCLA Impeded by Gaza Protests

In Frankel v. Regents of the University of California, (CD CA, Aug. 13, 2024), a California federal district court issued a preliminary injunction in a suit brought by Jewish students at UCLA who were blocked from accessing portions of the campus by pro-Palestinian encampments protesting Israel's retaliation in Gaza. The court said in part:

In the year 2024, in the United States of America, in the State of California, in the City of Los Angeles, Jewish students were excluded from portions of the UCLA campus because they refused to denounce their faith. This fact is so unimaginable and so abhorrent to our constitutional guarantee of religious freedom that it bears repeating, Jewish students were excluded from portions of the UCLA campus because they refused to denounce their faith. UCLA does not dispute this. Instead, UCLA claims that it has no responsibility to protect the religious freedom of its Jewish students because the exclusion was engineered by third-party protesters. But under constitutional principles, UCLA may not allow services to some students when UCLA knows that other students are excluded on religious grounds, regardless of who engineered the exclusion....

Under the Court’s injunction, UCLA retains flexibility to administer the university. Specifically, the injunction does not mandate any specific policies and procedures UCLA must put in place, nor does it dictate any specific acts UCLA must take in response to campus protests. Rather, the injunction requires only that, if any part of UCLA’s ordinarily available programs, activities, and campus areas become unavailable to certain Jewish students, UCLA must stop providing those ordinarily available programs, activities, and campus areas to any students. How best to make any unavailable programs, activities, and campus areas available again is left to UCLA’s discretion.

Becket issued a press release announcing the decision.

Court Dismisses Title VI Suit Claiming Hostile Environment Affecting Jewish Students At MIT

In StandWithUs Center for Legal Justice v. Massachusetts Institute of Technology, (D MA, July 30, 2024), a Massachusetts federal district court dismissed a suit against MIT that alleged deliberate indifference to a hostile educational environment impacting Jewish and Israeli students in violation of Title VI of the Civil Rights Act of 1964. The court said in part:

The [complaint] compellingly depicts a campus embroiled in an internecine conflict that caused Jewish and Israeli students great anguish.  Plaintiffs frame MIT’s response to the conflict largely as one of inaction.  But the facts alleged tell a different story.  Far from sitting on its hands, MIT took steps to contain the escalating on-campus protests that, in some instances, posed a genuine threat to the welfare and safety of Jewish and Israeli students, who were at times personally victimized by the hostile demonstrators.  MIT began by suspending student protestors from non-academic activities....while suspending one of the most undisciplined of the pro-Palestine student groups.  These measures proved ineffective when, in April of 2024, protestors erected the Kresge lawn encampment.  MIT immediately warned students of impending disciplinary action, but its threat went unheeded....  When MIT’s attempt to peacefully clear the encampment proved futile, it suspended and arrested trespassing students. In hindsight, one might envision things MIT could have done differently.  Indeed, some campus administrators elsewhere ... reacted to the protests differently (and with more positive results) than MIT.  But that is not the applicable standard.  That MIT’s evolving and progressively punitive response largely tracked its increasing awareness of the hostility that demonstrators directed at Jewish and Israeli students shows that MIT did not react in a clearly unreasonable manner.

The court also dismissed conspiracy, negligence and breach of contract claims. Bloomberg Law reports on the decision.

3rd Circuit: Jury Issues Remain in Suit Over Religious Exemption from Covid Vaccine Mandate

In Spivack v. City of Philadelphia, (3d Cir., July 29, 2024), the U.S. 3rd Circuit Court of Appeals vacated the dismissal of a suit brought by Rachel Spivack, an Orthodox Jewish employee of the Philadelphia District Attorney's Office, and remanded the case for trial.  Spivack was dismissed from her position for refusing, on religious grounds, to comply with the Office's Covid vaccine mandate. Spivack contended:

 “[a]ll three available brands of COVID-19 vaccines constitute a profound violation of the scriptural prohibitions against forbidden mixtures,” and that “[i]njecting such forbidden substances directly into our bloodstream completely challenges scriptural teaching that regards one’s body as the repository of the soul made in God’s image.” ...

The appeals court said in part:

There is ... a dispute of material fact as to whether anti-religious hostility tainted the DAO’s treatment of religious exemptions.  That is because a reasonable jury could conclude, based on some evidence in the record, that the DAO’s treatment of religious exemptions reflected “intoleran[ce] of religious beliefs.”...

But Krasner claims that Spivack was disciplined under a later policy—the January 2022 policy, which eliminated the religious exemption altogether and kept only the medical exemption.... 

That Krasner continued to evaluate medical exemption requests under the January 2022 policy does not undermine that policy’s general applicability.  Medical exemptions were a separate and objectively defined category of exemption requests....

The critical question is whether the medical exemptions in these policies are comparable to a religious exemption—in other words, whether the “preferential treatment of secular behavior” in the form of a medical exemption “affect[s] the regulation’s purpose in the same way as the prohibited religious behavior.” ...

Unlike a religious exemption, a medical exemption furthers the DAO’s interest in keeping its employees safe and healthy by allowing employees for whom the COVID-19 vaccine would cause death or illness to abstain from vaccination....

[T]he DAO must show that its policy was narrowly tailored, which “requires the government to demonstrate that a policy is the least restrictive means of achieving its objective.”...

Unanswered factual questions pervade this inquiry.  How many similar exemption requests would the DAO need to grant?  Would other, less restrictive mitigation measures for employees with religious exemptions ... have achieved the office’s objectives?  If strict scrutiny applies, a jury must consider these questions....

First Liberty Institute issued a press release announcing the decision.

Leader in International Neo-Nazi Group Indicted for Soliciting Hate Crimes and Mass Violence

The U.S. Attorney's Office for the Eastern District of New York announced last week the federal indictment of the leader of an international neo-Nazi group. The press release said in part:

A federal grand jury in Brooklyn yesterday returned a four-count indictment charging Georgian national Michail Chkhikvishvili, also known as ... “Commander Butcher” ... with soliciting hate crimes and acts of mass violence in New York City.  Chkhikvishvili was arrested in Chișinău, Moldova on July 6, 2024 pursuant to an Interpol Wanted Person Diffusion.... Chkhikvishvili is alleged to be a leader of the Maniac Murder Cult,... an international racially or ethnically motivated violent extremist group.  Chkhikvishvili allegedly recruited others to commit violent acts in furtherance of MKY’s ideologies, including planning and soliciting a mass casualty attack in New York City....

Beginning in approximately November 2023, Chkhikvishvili solicited [an FBI undercover agent ("UC")] ... to commit violent crimes....  Chkhikvishvili provided detailed plans and materials such as bomb-making instructions and guidance on making Molotov cocktails.... In November 2023, Chkhikvishvili began planning a mass casualty attack in New York City to take place on New Year’s Eve.  The scheme involved an individual dressing up as Santa Claus and handing out candy laced with poison to racial minorities.  The scheme also involved providing candy laced with poison to children at Jewish schools in Brooklyn.  Chkhikvishvili drafted step-by-step instructions to carry out the scheme and shared with the UC detailed manuals on creating and mixing lethal poisons and gases.  He also instructed the UC on methods of making ricin-based poisons in powder and liquid form....

Israel's Supreme Court Orders Drafting of Haredi Men

Yesterday, Israel's Supreme Court in a controversial ruling ordered the government to end draft deferments that have been given to ultra-Orthodox Jewish men studying in yeshivas.  According to The Guardian:

The unanimous ruling on Tuesday, from an expanded panel of nine judges, upheld an interim decision last month that the state had no authority to offer the current exemption for ultra-Orthodox, or Haredi, men. It found that yeshivas – Orthodox seminaries for Torah study – should be ineligible for state subsidies unless students enlisted in the military.

The court ruled the state was carrying out “invalid selective enforcement, which represents a serious violation of the rule of law, and the principle according to which all individuals are equal before the law … In the midst of a grueling war, the burden of inequality is harsher than ever and demands a solution.”

According to Times of Israel, within hours after the Court's decision, Israel's Attorney General ordered the Israel Defense Forces to immediately draft 3000 yeshiva students and ordered government ministries to stop transferring already-appropriated funds to yeshivas where students were studying in lieu of military service.

EEOC Obtains Settlement for Failure to Accommodate Jewish Employee's Sabbath Observance

The EEOC today announced that two related automotive hauling and logistics companies have agreed to a $65,000 settlement (plus an injunction, reporting, monitoring and employee training requirements) to settle a Title VII suit charging them with religious and racial discrimination and retaliation.  The EEOC said in part in its press release:

According to the EEOC’s lawsuit, Wheeler subjected Charles R. Lynch, III, a Torah Observant employee at its Sheffield, Ohio, location to discrimination when they revoked his religious accommodation that would have allowed him to continue having Saturdays off to observe the Sabbath. The company also exposed Lynch, who is Israeli, to unlawful harassment that included likening him to a terrorist and mocking his religious beliefs.

Religious Discrimination Claim for Denial of Personal Leave Moves Ahead

In Balchan v. New Rochelle City School District, (SD NY, May 7, 2024), a New York federal district court refused to dismiss claims of religious discrimination, retaliation for submitting claims of religious discrimination, and a due process claim for stigmatization plus loss of employment. Plaintiff is a Jewish woman who was employed as the school district's Medial Director. At issue are disciplinary charges brought against her for allegedly using personal leave days for a vacation and the stigmatizing report by a hearing officer in connection with those charges. The court details the factual background in part as follows:

Plaintiff observes Jewish holidays including, but not limited to, Yamim Nora’im (a/k/a the “Days of Awe”), Rosh Hashanah, and Yom Kippur..... Plaintiff alleges that her personal scheme of things religious evolved over the course of her life, and that marriage to her Trinidadian husband resulted in her “meld[ing] many of her Jewish religious beliefs into her new Trinidadian identity.” ...

... Specifically, Plaintiff’s “personal scheme of things religious required that she take personal leave during [the Days of Awe] to adjust, meditate, repair her connection to [God], and re-focus . . . .” Accordingly, she planned a trip with her family to Trinidad and Tobago which she alleges was “religious in nature given its relation to the Jewish high holy days” and what had been going on in her personal and professional life....

President Declares May To Be Jewish American Heritage Month

On April 30, President Biden issued a Proclamation (full text) declaring May 2024 as Jewish American Heritage Month. The Proclamation reads in part:

This Jewish American Heritage Month, we honor Jewish Americans, who have never given up on the promise of our Nation.  We celebrate the contributions, culture, and values that they have passed down from generation to generation and that have shaped who we are as Americans.  We remember that the power lies within each of us to rise together against hate, to see each other as fellow human beings, and to ensure that the Jewish community is afforded the safety, security, and dignity they deserve as they continue to shine their light in America and around the world.

2nd Circuit: Plaintiffs Lack Standing to Challenge Zoning Law That Accommodates Jewish Worship Sites

In Citizens United to Protect Our Neighborhoods v. Village of Chestnut Ridge, New York, (2d Cir., April 5, 2024), the U.S. 2nd Circuit Court of Appeals held that neither the organizational nor the individual plaintiffs had standing to bring an Establishment Clause challenge to the Village's 2019 zoning law applicable to places of worship.  According to the court:

... [A]t the urging of the Orthodox Jewish Coalition of Chestnut Ridge ..., the Village began the process of amending its zoning laws so that places of worship could more easily be built in Village neighborhoods, accommodating the need of Orthodox Jewish observers “to pray within walking distance of their homes.”...

In sum, even if it could be argued that the challenged law improperly promotes religion, Plaintiffs point to no cognizable harm that is actual or imminent.  They claim that the Village spent tax money in passing the law yet fail to allege how those funds were anything more than a routine use of the Village’s planning budget....  They claim that they will be directly exposed to newly authorized religious structures without asserting that they have even seen one of those structures or when and where they might ever do so in the future.  And while they contend that the law denies them the same opportunity as religious groups to host large gatherings, they do not assert that they have any particular interest in holding such events....  Ultimately, even if Plaintiffs have a sincere objection to the challenged law, our Article III standing doctrine requires them to first establish a real stake in their challenge before bringing it in federal court.

Interference With Contractual Relationship Created by Jewish Marriage Contract Is Not Actionable

In S.E. v. Edelstein, (OH App., March 25, 2024), an Ohio state appellate court affirmed the dismissal of a suit for intentional interference with a contractual relationship brought by an Orthodox Jewish wife (Kimberly) against her father-in-law (Max) who disapproved of her marriage to his son (Elliott). The court held that the suit essentially sought damages for alienation of affections and breach of promise to marry which were barred as causes of action by Ohio Revised Code 2305.29. The court said in part:

In the complaint, it was alleged that Max had intentionally interfered with the ketubah, the supposed "contract" at issue in this case, by engaging in a continuous "campaign to undermine" Kimberly and Eliott's contractual relationship (i.e., their marriage) for nearly 20 years.  The complaint alleged that this included Max being "emotionally abusive" towards Kimberly, as well as Max making "negative and derogatory statements" about Kimberly.  This, according to the complaint, included Max criticizing Kimberly's "status as a convert to Judaism" and by frequently stating that Kimberly's and Eliott's children "were not Jewish."  The complaint also alleged that Max, "with the intent to destroy the contractual relationship between" Kimberly and Eliott, routinely disparaged Kimberly to "persuade" Eliott to "terminate his contractual relationship with [her]."...

[T]he complaint raises amatory claims of a breach of a promise to marry and alienation of affections against Max couched in terms of an intentional interference with a contractual relationship ..., loss of consortium... , loss of parental consortium ..., intentional infliction of emotional distress ...,, and malice.....  As stated previously, pursuant to R.C. 2305.29, neither Max, nor any other person, could be held liable in civil damages.... for any breach of a promise to marry or alienation of affection.  This holds true despite those claims being pled within the complaint in other, generally more suitable terms....   

Just as a rose is a rose by any other name, a non-actionable claim does not become actionable simply by masquerading as one that is....

USCIRF Ends Saudi Visit After Its Jewish Chairman Was Told to Remove His Kippah in Public Places

In a press release issued Monday, the U.S. Commission on International Religious Freedom said that last week it ended an official visit to Saudi Arabia early after the delegation was told to leave the Diriyah UNESCO World Heritage Site in Riyadh because USCIRF Chairman Rabbi Abraham Cooper would not remove his kippah (head covering). The press release says in part:

The Saudi government had invited the delegation, led by Chair Cooper and Vice Chair Reverend Frederick A. Davie, to tour the site on March 5, as part of their official visit to the country that had started on March 3. After several delays to the tour, officials requested that Cooper, an Orthodox Jewish Rabbi, remove his kippah while at the site and anytime he was to be in public, even though the Saudi Ministry of Foreign Affairs had approved the site visit. U.S. Embassy staff accompanying the USCIRF delegation supported and conveyed to Saudi officials Chair Cooper’s polite but resolute refusal to remove the kippah. Despite their efforts, site officials escorted the delegation off the premises after Chair Cooper indicated he sought no confrontation or provocation but as an observant Jew could not comply with a request to remove his kippah.

The Saudi Embassy in Washington, D.C. issued a statement (full text) saying in part:

This unfortunate incident was the result of a misunderstanding of internal protocols.... We look forward to welcoming him back to the Kingdom.

Orthodox Jewish Passengers Sue JetBlue For Discrimination

Suit was filed late last month in a New York federal district court against JetBlue Airways by three observant Jewish passengers who were forced off of a flight by airline personnel after one of the passengers, an Orthodox Jewish man, asked other passengers to switch seats with him so, consistent with his religious beliefs, he would not be sitting next to a woman who was not his wife or a blood relative. The complaint (full text) in Ungar v. JetBlue Airways Corp., (SD NY, filed 2/27/2024), alleges in part:

48. ... At no time while Mr. Lunger was trying to observe his religious beliefs, did he force, become loud, or use a stern voice to intimidate any other passengers into changing seats with him.  

49. Even though Mr. Lunger had figured out a way to observe his religious beliefs without interfering with the flight, Defendant Doe [the flight attendant] discriminated against Mr. Lunger because of his race and his religion.

50. Defendant Doe brought the JetBlue pilot to the back of the plane.

51.  The JetBlue pilot falsely told the Plaintiffs that they could not change seats because it was a violation and it would cause a weight imbalance.... 

Plaintiffs claim they suffered discrimination and retaliation on the basis of religion and race in violation of 42 USC §1981 and California's Unruh Civil Rights Act. Live and Let's Fly reports on the lawsuit.

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.]