The motion asserts that the lawsuit is a Strategic Lawsuit against Public Participation (SLAPP), a form of legal and financial intimidation, popularly dubbed “lawfare,” which has long been used to undermine social and environmental justice movements by penalizing political participation and free speech.
“We hope the court will strike down this effort to silence the Co-op’s principled stand on Israel’s human rights violations,” said Maria LaHood, Senior Staff Attorney with the Center for Constitutional Rights. “Allegations that the Co-op Board acted beyond its power are a thinly-veiled attempt to stop concerned citizens from using a nonviolent and historical tool for social change.”
“This lawsuit, which seeks to penalize local citizens for exercising their rights as Board members to express views on Israel and the problems in the Middle East, presents a fundamental First Amendment issue,” says Bruce Johnson, author of Washington's Anti-SLAPP Law, a member of the Co-op’s legal team. In the past, Johnson has represented organizations such as The Yes Men, and successfully motioned to dismiss invasion of privacy and misappropriation claims relating to the documentary film Sicko by Michael Moore.
The lawsuit is part of a fierce response to the growing global movement for Boycott, Divestment and Sanctions (BDS) of Israel until it ends its occupation of Palestine, respects the right of return of Palestinian refugees, and gives equal rights to Palestinians living inside of Israel. This backlash is coming from pro-Israel groups as well as directly from the Israeli Government, which recently passed a law that criminalizes advocating for boycotts of Israel.
In meeting minutes, the lawsuit is referred to as a “project” of the Executive Committee of StandWithUs Northwest, an international pro-Israel and anti-boycott lobby group. In Israel, Deputy Foreign Minister Danny Ayalon confirmed the Israeli government’s involvement in anti-boycott efforts outside of Israel:
“It is very important to make use of all the means at our disposal, primarily judicial means…We are certainly moving here to a policy that is much more pro-active and not only reactive, and it is true – we are using…StandWithUs for leverage. There are also other organizations that we cooperate with… this is certainly a trend that will get stronger.”
In March 2011, Akiva Tor, the Israeli Consul General for the Pacific Northwest, participated in a meeting with an attorney of the plaintiffs, the Regional Director and Co-Chair of StandWithUs Northwest, as well as a group of unnamed Olympia residents, for a “presentation of legal case.” Four out of the five plaintiffs are featured in a propaganda video produced by StandWithUs, “Why BDS Scars Don't Heal.”
An ultimatum from the plaintiffs sent to the Co-op before the lawsuit was filed reads: “If you do what we demand, this situation may be resolved amicably. If not, this process will become considerably more complicated, burdensome, and expensive than it has been already.” The plaintiffs have refused to bring the issue to a vote – a democratic option available to any Co-op member – and have instead resorted to the court system in an effort to force their demands upon the Co-op and its membership.
The Co-op’s boycott of Israeli products was enacted on July 15th last year by a consensus decision of the Board of Directors, honoring a 2005 call from Palestinian civil society.
The Co-op has a rich history of taking stands for social justice. It has honored boycotts of apartheid South Africa, Coca-Cola, and grape growers in support of the United Farm Workers, among others.
One of the plaintiffs, Kent Davis, didn't become a Co-op member until after the boycott was enacted, and is now purporting to bring the suit on behalf of the Co-op itself. Three of the plaintiffs lost by large margins to openly pro-boycott candidates in the record voter turnout November 2010 Co-op Board elections, demonstrating widespread support for the boycott among Co-op membership.
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