Feb 29, 2012

#BDS: Judge Dismisses Lawsuit Filed Over Boycott of Israeli Goods

"February 27, 2012, Olympia, WA and New York, NY – Today, in a lawsuit brought against current and former members of the Olympia Food Co-op board of directors for their decision to boycott Israeli goods, a Washington State court dismissed the case, calling it a SLAPP – Strategic Litigation Against Public Participation – and said that it would award the defendants attorneys’ fees, costs, and sanctions. The judge also upheld the constitutionality of Washington’s anti-SLAPP law, which the plaintiffs had challenged.
 
In a court hearing last Thursday, lawyers from the Center for Constitutional Rights (CCR) and Davis Wright Tremaine LLP argued that the court should grant the defendants’ Special Motion to Strike and dismiss the case because it targeted the constitutional rights of free speech and petition in connection with an issue of public concern."

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#BDS Lawsuit against Olympia Food Co-Op declared illegal lawsuit against public participation

VICTORY FOR OLYMPIA FOOD CO-OP, PALESTINE AND BDS MOVEMENT

Judge: Lawsuit Violates Washington Free Speech Protections

February 27, 2012 – Olympia, WA – In a landmark ruling, Judge Thomas McPhee has declared a lawsuit against the Olympia Food Coop illegal under Washington State law and awarded legal fees and sanctions to the defendants. Lawyers for the Olympia Food Co-op argued in court that a lawsuit brought against the store for its participation in a boycott of Israeli goods should be dismissed as illegal under Washington’s anti-SLAPP legislation.

Washington law forbids SLAPP (Strategic Lawsuits Against Public Participation), which target the right of free speech by forcing defendants into costly legal battles. Despite ultimately being found meritless, these suits make the exercise of constitutionally protected speech costly and difficult. “This ruling has huge implications for justice,” says Rochelle Gause, a board member and defendant in the lawsuit, adding “with growing awareness around this issue, the bullying and intimidation employed by those who defend Israeli Human Rights abuses at all costs is becoming less and less viable. Hopefully this judgment will open up the door for more businesses and organizations t o heed the call and join this movement for human dignity.”

“We are pleased the Court found this case to be what it is – an attempt to chill free speech on a matter of public concern. This sends a message to those trying to silence support of Palestinian human rights to think twice before they bring a lawsuit,” said Maria LaHood, a senior staff attorney with the Center for Constitutional Rights.

Plaintiffs in the lawsuit, including several failed candidates for the board of directors, wrote that the coming suit was intended to hamper the Co-op’s ability to participate in the boycott of Israeli goods. The letter, dated May 31, 2011, states in part that “we will bring legal action against you,” and that the execution of the boycott would become “complicated, burdensome, and expensive.” In response, the board of directors reiterated that the proper process for overturning a boycott is a “member-initiated ballot”, and that the opponents of the boycott could put it to a vote of the membership, and Judge McPhee noted that the plaintiffs offered no evidence that they exhausted all manner of challenging boycott.

“The opponents of this boycott have had every opportunity to rescind the boycott using the fair and democratic process laid out in the Co-op bylaws,” says Johan Genberg, a longtime co-op member, adding “ wanted to punish the store for speaking out for social justice, but isn't that exactly what makes the Olympia Food Co-op unique? The store reflects the values of this community.”

Farihan Bushnaq, a Co-op member since 1983 adds “as a Palestinian refugee and a member of the Olympia Co-op I wholeheartedly support the boycott, as a way to save Israel from its own excesses, and to end the continued dehumanization of the Palestinian people under Israeli control.”

The Olympia Food Co-op, formed in 1976, is a nonprofit corporation with a mission to “contribute to the health and well-being of people by providing wholesome foods and other goods and services” and to “encourage economic and social justice”. The Co-op has participated in many national and local boycotts, including those against Norway for whaling practices and Colorado for anti-gay legislation. In 2010, the Board of Directors reached a consensus decision to remove Israeli products. The boycott urges Israel to comply with international law, end its occupation of Palestinians, and respect the rights of refugees. Members of the co-op suggested the boycott in response to the 2005 call for Boycott, Divestment and Sanctions (BDS) by a broad coalition of over 180 Palestinian civil society organizations.

The Co-op’s decision to boycott Israeli products, the first of its kind in the nation, sparked several months of constructive discussion on the store’s relationship to social justice. The subsequent election for the Co-op Board demonstrated widespread support for the boycott among the membership when the five publicly pro-boycott candidates won by a large margin in a record turnout election.

Under anti-SLAPP legislation, defendants will be eligible to recoup attorney’s fees and penalties.

The case is Davis, et al., v. Cox, et al., Case No. 11-2-01925-7 in the Superior Court of the State of Washington in Thurston County.

Organizers are available to speak with the press.

» Read the press release from the Center for Constitutional Rights / Olympia Food Co-op...

» More information on the Center for Constitutional Rights’ case page...

» More information on the Olympia BDS website...

» Read more from the Olympia Food Co-op...

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#BDS Judge Dismisses Lawsuit Filed Over Boycott of Israeli Goods

February 27, 2012, Olympia, WA and New York, NY – Today, in a lawsuit brought against current and former members of the Olympia Food Co-op board of directors for their decision to boycottIsraeli goods, a Washington State court dismissed the case, calling it a SLAPP – Strategic Litigation Against Public Participation – and said that it would award the defendants attorneys’ fees, costs,and sanctions. The judge also upheld the constitutionality of Washington’s anti-SLAPP law, which the plaintiffs had challenged.

In a court hearing last Thursday, lawyers from the Center for Constitutional Rights (CCR) and Davis Wright Tremaine LLP argued that the court should grant the defendants’ Special Motion toStrike and dismiss the case because it targeted the constitutional rights of free speech and petition in connection with an issue of public concern.

“We are pleased the Court found this case to be what it is – an attempt to chill free speech on a matter of public concern. This sends a message to those trying to silence support of Palestinian humanrights to think twice before they bring a lawsuit,” said Maria LaHood, a senior staff attorney with the Center for Constitutional Rights. Read more here

#BDS Brooklyn’s Park Slope Food Coop to take the first step towards a boycott of Israeli goods on March 27


Members of Brooklyn’s Park Slope Food Coop will be voting on more than work shift arrangements at the Coop's monthly General Meeting in March. They’ll be deciding on whether they'll be having a co-op wide referendum about the Coop’s stance on human rights.
On the agenda for the March 27 meeting is a proposal spearheaded by a diverse group of the Coop's members on holding a referendum to determine the Coop’s participation in the global nonviolent Boycott, Divestment and Sanctions movement against Israel's violation of international law and human rights. Members hope the vote will bring some sort of conclusion to over two years of heated arguments in meetings and in the pages of the Coop’s biweekly newspaper.  A vote in favor of a referendum would allow all 16,000 Co-op members to vote on the boycott. Opposition to even voting on having a referendum has been fierce. Those in favor of a Co-op boycott are hoping for a yes vote on the referendum.  Without it, only members present at a General Meeting (typically a few hundred) could vote on whether the Co-op will join the boycott.  "On an issue that Co-op members feel so strongly about", according to one of the organizers of the boycott, "it is essential for the entire membership to have a voice".  Read more here