Tag Archives: boycott

District Court slaps anti-boycott state law

A big day for Americans who believe in peaceful, non-violent protest such as the Boycott, Divestment and Sanctions (BDS) movement.

A teacher from Kansas is standing up for her right to boycott Israeli products, and taking the State of Kansas to federal court.

The following excerpts are from the district court’s opinion.

First, STATE OF KANSAS PASSES ANTI-BOYCOTT LAW:

In June 2017, Kansas enacted House Bill 2409 (“the Kansas Law”). This law requires all state contractors to certify that they are not engaged in a boycott of Israel. Kan. Stat. Ann. § 75-3740f(a).

The Kansas Law defines a “boycott” as:  [E]ngaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with persons or entities doing business in Israel or in territories controlled by Israel, if those actions are taken either: (1) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. § 4607(c)1  applies; or (2) in a manner that discriminates on the basis of nationality, national origin or religion, and that is not based on a valid business reason . . . .

Second, KANSAS TEACHER DECIDES TO BOYCOTT ISRAEL:

In May 2017, plaintiff Esther Koontz began boycotting Israeli businesses. She first became motivated to boycott Israel in 2016 when she saw a presentation about conditions in Israel and Palestine. And on July 6, 2017, Mennonite Church USA passed a resolution calling on Mennonites to take steps to redress the injustice and violence that both Palestinians and Israelis have experienced. Ms. Koontz is a member of a Mennonite Church organization. Specifically, this organization’s resolution called on Mennonites to boycott products associated with Israel’s occupation of Palestine. As a consequence, plaintiff decided she would not buy any products or services from Israeli companies or from any company who operates in Israeli occupied Palestine.

Esther Koontz Kansas teacherEsther Koontz, Kansas teacher, credit to ACLU

Ms. Koontz was qualified to train math teachers and accepted for employment, but when she refused to sign the state’s certification that she would not boycott Israel, Kansas wouldn’t hire her.

Twenty-two states—Maryland, Texas, Florida, Arizona, Illinois, Georgia, Iowa, Kansas, New Jersey, Ohio, New York, Pennsylvania, South Carolina, Alabama, Colorado, Indiana, California, Michigan, Texas, Nevada, Kansas, and North Carolina—have so far passed some form of legislation against boycotts of Israel.  Wisconsin makes it twenty-three.

The Intercept noted that the attempts to punish and repress speech and activism aimed at ending the Israeli occupation are so widespread that the Center for Constitutional Rights has dubbed this movement “the Palestine Exception” to free speech rights in the U.S.  Senator Ben Cardin (D-Md) wanted to send violators of his anti-boycott legislation to prison.

Ms. Koontz — with the help of the American Civil Liberties Union — decided to sue Kansas claiming its anti-boycott law violates the First Amendment and the Fourteenth Amendment’s Equal Protection Clause.  Along with her complaint, she asked the Federal District Court to enjoin the State of Kansas from enforcing its anti-boycott law while the case is pending.

The attorneys for Kansas argued her request for an injunction shouldn’t be granted because Ms. Koontz had never requested a waiver from the anti-boycott law. If she had, the state says it would have granted her a waiver.

The Court ruled January 30, 2018 that a person doesn’t have to apply for a waiver in this type of case because of the chilling effect the Kansas law has on our First Amendment liberties.  And Judge Crabtree decided that Ms. Koontz is likely to win her case!

The conduct the Kansas Law aims to regulate is inherently expressive. It is easy enough to associate plaintiff’s conduct with the message that the boycotters believe Israel should improve its treatment of Palestinians. And boycotts—like parades—have an expressive quality. Forcing plaintiff to disown her boycott is akin to forcing plaintiff to accommodate Kansas’s message of support for Israel.

I wonder if any of the other anti-boycott state laws have been challenged in court. Maybe this challenge from Kansas will send a sobering message to states that may be considering adopting such laws.  “Think twice before you get on AIPAC’s and Israel’s bandwagon. Don’t tread on Americans’ First Amendment rights!” 

Read the court’s opinion in full. This is a case to watch closely. Thank you Ms. Koontz!

Advertisements

3 Comments

Filed under People, Politics, Uncategorized, US Policy

Senators should not build unity on the backs of Palestinians

When do U.S. Senators stand lockstep together?

When the American Israel Public Affairs Committee (AIPAC) convinces them that the United Nations is biased against the State of Israel.

The Wall Street Journal notes:

It’s rare, especially these days, for all 100 U.S. Senators—from Bernie Sanders to Ted Cruz, from Elizabeth Warren to Mitch McConnell—to agree on something. But the scourge of anti-Israel bias at the United Nations is such an issue.

So all of them, including Senators Warren, Sanders, and my two Senators from New Mexico signed on to the letter undoubtedly written by AIPAC, the pro-Israeli lobbying operation ensconced in Washington DC.

The letter is a warning note to Secretary-General Guterres – “reform your agencies from within or pay the consequences.”

Although, as Republicans and Democrats, we disagree on many issues, we are united in our desire to see the United Nations improve its treatment of Israel and to eliminate anti-Semitism in all its forms.

My response sent to my two U.S. Senators follows.  I hope they hear from many other constituents.

May 10, 2017

RE:   April 27 letter to Secretary-General Antonio Guterres – Israel & Palestine

Dear Senators Udall and Heinrich,

I’m very disappointed with your signatures on the letter (likely drafted by AIPAC) to the United Nations regarding Israel.

Senator Martin Heinrich

Sen. Martin Heinrich (D-NM)

You, along with your colleagues in the Senate, have adopted Israel’s strategy of deflecting legitimate and worldwide criticism of Israel’s brutal 50-year occupation by focusing criticism on the messenger, the United Nations. We’ve all seen this same “strategy of deflection” coming from the White House in the form of childish Tweets. Your letter is just as childish.

Threatening the United Nations and demanding internal “reforms,” based on false assertions that the U.N. is unfairly targeting Israel, belies the fact that the community of nations stand together in their condemnation of Israel’s long-term, illegal occupation of Palestine.

A quick online review of recent actions in the United Nations reveals that the U.S. stands alone with the Marshall Islands, Federated States of Micronesia, Nauru, Palau (and sometimes Canada) in supporting Israel in the U.N. General Assembly. Every other nation is united in speaking the truth about Israel’s continuing violations of international humanitarian law and the law of occupation. Your letter’s bullying demands to the Secretary-General reflect poorly on the United States, but it’s certainly a testament to AIPAC’s power over the U.S. Senate.

I particularly want to draw your attention to the letter’s outrageous claim about “UNRWA’s troubling anti-Israel bias and activities.” You write that “UNRWA must pursue reforms or risk significant consequences.” I’m personally familiar with UNRWA’s solid work in the Gaza Strip and I find this characterization and threat totally unacceptable. The Senate’s blind loyalty to Israel’s hasbara must end.

Udall

Sen. Tom Udall (D-NM)

I’m also astonished that you oppose the international call for Boycott, Divestment and Sanctions (BDS) as stated in the letter to the U.N.  Peaceful, nonviolent methods to end Israel’s occupation deserve your strong support, not condemnation.

Please learn the facts about the occupation, beginning with the fact that the Gaza Strip will be unlivable by 2020.

Israel’s leaders have proven over many decades that they are incapable or unwilling to end the occupation. If the United States cannot play a constructive role, then please support the United Nations and its constituent agencies in the work they are doing in the Middle East.

Finally, I invite you and your staff to join me in UNRWA-USA’s 5K run in Washington, DC in September.  Your support for this worthy cause would be greatly appreciated.

Sincerely,

Lora A. Lucero

3 Comments

Filed under Israel, nonviolent resistance, Occupation, People, Politics, Uncategorized, United Nations, US Policy

An Epic #BDS Apology

A performance? A work of art?  Not an apology?   When is an apology not an apology?

https://electronicintifada.net/blogs/ali-abunimah/why-wont-norway-theater-apologize-embracing-israels-war-crimes

It is not immediately apparent that this isn’t the real thing.

But in fact, the video and a written “apology” were published as a work of art on Friday, onlineand in the national newspaper Morgenbladet.

The ambiguity was deliberate and those who didn’t pay attention to the small print might not have noticed that it was a performance.

The woman in the video is Gjertrud Jynge, a nationally renowned actor in Norway.

Leave a comment

Filed under nonviolent resistance, Uncategorized

#UNMDIVEST

1601410_10152141269084137_118594817_n

 

Money speaks. It always has, it always will.

So it’s completely logical to me that if you target the wallet of the recalcitrant  person, businesses, government or country, you’re bound to get their attention. If your action hurts them enough, they may change their bad behavior.

In a nutshell, that’s exactly what the Boycott, Divestment and Sanction (BDS) movement is all about. This Wednesday evening, BDS comes to Albuquerque.

UNM Students for Justice in Palestine (UNMSJP) is asking the university to divest from Israel.  There’s a campus divestment movement all across the country, and it appears to be building steam.  The goal is to pressure Israel to end its illegal occupation!

cropped-header3

In addition to divestment actions, there’s a growing academic and cultural boycott gaining international attention. In February, the Academic Studies Association voted to boycott Israeli universities.

We believe that the ASA’s endorsement of a boycott is warranted given U.S. military and other support for Israel; Israel’s violation of international law and UN resolutions; the documented impact of the Israeli occupation on Palestinian scholars and students; the extent to which Israeli institutions of higher education are a party to state policies that violate human rights; and the support of such a resolution by many members of the ASA.

The ASA’s vote raised the stakes considerably; its members were either condemned or praised.

Our resolution understands boycott as limited to a refusal on the part of the Association in its official capacities to enter into formal collaborations with Israeli academic institutions, or with scholars who are expressly serving as representatives or ambassadors of those institutions, or on behalf of the Israeli government, until Israel ceases to violate human rights and international law.

The student government at the University of Michigan recently voted 25-9 against an Israeli stock divestment proposal but the proponents of the measure considered their action a success. A student noted:

What I was witnessing was the first true campus-wide discussion of Israel’s occupation of the West Bank and its alleged violations of Palestinian human rights. And it was a discussion that had grown to involve hundreds, and maybe thousands, of students.

The students at Loyola University in Chicago succeeded on March 18th to pass a student government resolution to divest from companies complicit in aiding the Israeli Occupation, calling on the University to remove its holdings from eight specific companies that play active roles in Israel’s human rights abuses.

Harvard, Princeton and the California university system have also considered Israeli divestment resolutions this year, with faculty as well as students getting involved in the debate.

What will University of New Mexico do?  We’ll know very shortly.

10173744_10151960835336861_685973722_n

Leave a comment

Filed under Israel, Occupation