Washington court dismisses lawsuit over boycott of Israeli products

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(photo: Olympia Food Co-op)

The 7-year lawsuit is part of a growing effort to suppress the BDS movement.

By Press Release | Center for Constitutional Rights | Mar 9, 2018


“Taking a stand for economic and social justice is at the heart of the co-op’s mission. Given Israel’s ongoing violations of Palestinian human rights, we would have failed in this mission had we not approved a boycott.”
— Grace Cox, former Olympic Food Co-op board member and defendant in the lawsuit


Today, a Washington State court ended a seven-year litigation battle against former volunteer board members of the Olympia Food Co-op over their decision to boycott Israeli goods. The lawsuit was first filed in 2011 by five co-op members seeking to block the co-op’s boycott and to collect monetary damages against the board members. Two of the five members pulled out of the case, and none of the defendants originally named in the case remains a board member of the co-op. The court granted the motion for summary judgment from the former board members, who were represented by Center for Constitutional Rights (CCR) and co-counsel, finding the plaintiffs had no standing to bring a case because they failed to show the co-op was injured.

“We are pleased that the court has dismissed this meritless lawsuit. It is a relief and a vindication for our clients, and a victory for everyone who supports the right to boycott,” said Center for Constitutional Rights Deputy Legal Director Maria LaHood, who argued today.

Lawyers say the lawsuit is part of a broad and growing pattern of suppressing activism in support of Palestinian rights, a phenomenon that CCR and Palestine Legal have documented and called the “Palestine Exception” to free speech. CCR and Palestine Legal report the widespread use of administrative disciplinary actions, harassment, firings, legislative attacks, false accusations of terrorism and antisemitism, and baseless legal complaints. Between 2014 and 2016, Palestine Legal responded to 650 such incidents of suppression targeting speech supportive of Palestinian rights.

Earlier this week, CCR filed with the court a recently produced document (Exhibit B) in which plaintiffs celebrated the lawsuit’s success in discouraging other co-ops from boycotting Israeli goods.

“We’re delighted that the judge has decided to dismiss this retaliatory lawsuit and protect our clients’ First Amendment freedoms,” said Bruce E.H. Johnson of Davis Wright Tremaine LLP.

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