U.S. Court: Assault in the Name of “Anti-Zionism” Is an Antisemitic Act

A federal court in Washington, D.C., rejected the argument that assaulting a Jewish woman who had draped herself in an Israeli flag was merely a protest against Israel. The news was reported today (Wednesday) by the Walla website. The court ruled that “assault is not a legitimate form of protest. An action presented as anti-Israel or anti-Zionist can, under certain circumstances, also legally be considered harm directed at Jews because of their identity.”

Federal Judge Trevor McFadden denied a motion to dismiss a lawsuit filed by Kimra Sumerel, a pro-Israel Jewish activist, who says she was attacked during a demonstration in Washington while wearing an Israeli flag. In his ruling, the judge found that, at this stage, Sumerel had presented a sufficient claim of discrimination under Section 1981 of the federal Civil Rights Act, allowing the main parts of the case to move forward.

The judge noted that there may be overlap between the symbols of the State of Israel and Jewish identity. The Magen David at the center of the Israeli flag is also a symbol of the Jewish people.

According to the judge, deliberately pulling on an Israeli flag tied around a Jewish woman’s neck in order to choke her is “direct evidence of racial discrimination,” and an assault involving a symbol associated with a group protected by law can serve as significant evidence of a discriminatory motive.

Ali argued in her defense that “opposition to the State of Israel is not necessarily antisemitism.” She said her actions stemmed from her opposition to Israel, rather than hostility toward Jews.