"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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Feb 29, 2012
#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...
Source
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...
Source
Posted by
Shusma
at
3:52 AM
#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.
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.
Posted by
Shusma
at
3:51 AM
#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.
Posted by
Shusma
at
3:47 AM
Feb 28, 2012
#BDS: Preparations continue for the Global March to Jerusalem
"A two-day conference of the international committee for the "Global March to Jerusalem" opened in Amman on Sunday. Members of both the executive and central committees of the march, representing more than 60 countries, were present.
The head of the Jordanian committee taking part in the meeting, Abdullah Obeidat, said that trades unions and opposition parties decided to support the march and participate in defence of the holy city and Palestinian families in the occupied territories. "This is a global, peaceful protest with the aim of bringing about an end to Israel's occupation and fighting racism in occupied Palestine," he said."
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Posted by
Farah
at
10:35 AM
#BDS: Cornell University group circulates petition ‘refusing to collaborate’ on Israeli Technion deal
"Students and faculty at Cornell University are challenging the school's partnership with the Israeli Technion Institute to build a complex on New York City’s Roosevelt Island. Cornell’s Students for Justice in Palestine (SJP) is circulating a petition calling into question the deal with Israel's key weapons development institute.
The student-run Cornell Daily Sun covered the story earlier this week. In addition to the SJP campaign, two professors condemned the planned campus."
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Posted by
Farah
at
10:34 AM
#BDS: UNM Students for Justice in Palestine issues statement on assault
" SJP expresses gratitude to groups across the nation and the world who have shown their support for UNM Students for Justice in Palestine(SJP) and the students and members of(Un)Occupy Albuquerque who were brave enough to actively reject the normalization of Islamophobia and human rights violations.
Though SJP was not a part of the planning process, we fully support the Mic-Check of Nonie Darwish’s lecture, “Why the Arab Spring is failing and how Israel is involved.” Students and members of (Un)Occupy spoke up in solidarity with Palestine and against Islamophobic propaganda. We are appalled and disturbed by the physical assault by audience members on the peaceful activists. These actions are reflective of a growing trend of physical violence by people who deny Israeli’s illegal occupation of Palestinian land."
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Posted by
Farah
at
10:32 AM
#BDS: Harvard student groups declare solidarity with activists physically assaulted at UNM
"The Harvard College Palestine Solidarity Committee, the GSAS Alliance for Justice in the Middle East, and the Harvard Law School Justice for Palestine stand in solidarity with activists who were physically assaulted by a mob at the University of New Mexico (UNM) while peacefully protesting an Islamophobic event.
On Thursday evening, the UNM Israel Alliance hosted a speech by Nonie Darwish, a notorious Islamophobe who has called Islam "a poison to society." Darwish is a member of the speakers' bureau of the extremist Zionist group StandWithUs and a fixture of the right-wing lecture circuit."
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Posted by
Farah
at
10:31 AM
Feb 27, 2012
#BDS: Beirut-born conductor George Pehlivanian working on concert with Israeli Opera
"Beirut-born conductor George Pehlivanian's first concert in Israelwas under particularly traumatic circumstances. The day of the premiere was also the day Tel Aviv's Dizengoff Center was hit by a devastating terrorist attack in 1996. In an interview with Yedioth Ahronoth, Pehlivanian says he had to urge the distraught orchestra members to go on with the show.
Pehlivanian also insisted on performing in Israel during the Gulf War and the Second Lebanon War. He says that he felt that every time he visited Israel, something bad had happened and that it was the orchestra's job to change the somber atmosphere."
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Posted by
Farah
at
8:19 PM
#BDS: Metal band 'Symphony X' to perform in #Israel
"American "progressive" metal band "Symphony X" is expected to take the stage and rock it out on July 6 at Tel Aviv Port's Hangar 11.
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Posted by
Farah
at
4:46 PM
#BDS: Iranians cancel soccer friendly against Israeli coach's team. #Iran
"Iranian soccer club Sepahan Esfahan, which was scheduled to play a friendly against Partizan Belgrade later this week, cancelled the match because the Serbian team is coached by Avram Grant".
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Posted by
Farah
at
4:40 PM
#BDS: Egyptian judoka who snubbed Israeli rival 'national hero' #Egypt
"Egyptian judoka Ramadan Darwish refused to shake Arik Zeevi's hand after he defeated the Israeli in their quarterfinal bout on Sunday at the Judo Grand Prix in Dusseldorf, Germany, Ynet reported.
Egyptian news websites published a number of reports on the incident with a link to a video of the bout. "Darwish is a national hero," one website declared, adding "Israel is a terrorist nation."
Posted by
Farah
at
4:26 PM
#BDS: Israeli village for earthquake victims inaugurated in #Turkey
"Three months after an earthquake hit the Van region in Turkey and caused the death of hundreds and left thousands wounded and homeless, an "Israeli village" was inaugurated on Monday with 130 mobile homes donated by Israel to the Turkish survivors. "
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Posted by
Farah
at
4:14 PM
Feb 26, 2012
#BDS: Video: Students Physically Attacked for Interrupting Israel Talk in New Mexico
A group of University of New Mexico students "mic checked" anIsrael Alliance talk on their campusThursday night, when audience members got up out of their seats and physically attacked the protesting students.
"Mic check! Nonie Darwish speaks for Israeli apartheid!," yell the students at around 15 seconds into the video. "And genocide at the hands of the IDF [Israeli army]!” From there, older male audience members begin to slowly walk their way up to the students (some of them young women), and start physically pushing and attacking them. At 55 seconds in, you can see one of the students goes flying over a row of seats.
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Posted by
Farah
at
12:20 PM
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