Justice Department sues individuals involved in demonstration at NJ synagogue
The lawsuit invokes a rarely used provision prohibiting individuals from using force or threats to prevent another person’s exercise of the right to worship
Valerie Plesch/picture alliance via Getty Images
Department of Justice - Federal Bureau of Investigation
The Department of Justice filed a civil suit on Monday against several protesters and anti-Israel groups for their involvement in a demonstration at a New Jersey synagogue, Congregation Ohr Torah, last November.
The DOJ complaint alleges that the Party for Socialism and Liberation-New Jersey, American Muslims for Palestine-New Jersey and six individuals engaged in physical assaults and antisemitic and threatening chants, as well as defying police orders.
The complaint alleges that the defendants broke through a police line, marched onto synagogue property and attempted to physically block Jewish worshippers from entering the synagogue.
Two are accused of using vuvuzelas — large plastic horns typically used at sporting events — as a “weapon reasonably known to lead to permanent noise-induced hearing loss,” blowing them inches from one attendee’s ear with the intention of causing “serious bodily harm.” One of the same defendants allegedly physically tackled another attendee, grabbed his throat and put him in a chokehold. Another also reportedly “deployed a stink bomb” to obstruct access to the synagogue.
According to the complaint, the event was originally set to take place in a private home, but was relocated to the synagogue “due to credible threats of violence from certain Defendants.” One of the defendants was recorded on camera delivering a threatening letter to that private home, and the home address was posted online.
The complaint alleges that these actions were intended to intimidate Jewish worshipers and prevent their participation in religious observance, in violation of federal law, and that comments captured on video indicate they were motivated by antisemitic animus.
The complaint states that the vuvuzela sounds overpowered the memorial service and Torah sermon.
The suit was brought under the Freedom of Access to Clinic Entrances (FACE) Act, traditionally used against those who block access to abortion clinics, but which also includes provisions barring the use of force, threats, intimidation or physical obstruction to interfere with the right to worship.
The event in question was an Israel real estate fair and spiritual event, which the complaint describes as “a religious event centered on the Jewish obligation to live in the Land of Israel, a tenet of Jewish faith.”
According to the complaint, it “was to include prayer, a religious memorial service for the late Rabbi Avi Goldberg, a Torah sermon, religious songs with biblical verses, prayerful dancing, educational activities about the religious obligation to live in Israel, a real estate fair, and a festive barbecue in the synagogue’s parking lot — all part of the religious observance.”
“This Justice Department will vigorously enforce the right of every American to worship in peace and without fear,” Assistant Attorney General Harmeet K. Dhillon, who leads the DOJ’s Civil Rights Division, said in a statement. “Those who target houses of worship and violate our federal laws protecting people of faith are on notice that they will face the consequences.”
Nathan Diament, the executive director of public policy for the Orthodox Union, praised the DOJ for filing the lawsuit, and said that he had pressed the Biden administration to file similar cases, but was rebuffed.
“We applaud Attorney General Bondi and Assistant Attorney General Dhillon for bringing this suit to protect the Jewish community and all people of faith who have the constitutional right to worship without fear of harassment,” Diament told Jewish Insider. “OU Advocacy urged the Biden administration to bring FACE Act lawsuits to no avail. Hopefully, violent protestors will now be held accountable, and this lawsuit will send a strong message to anyone who targets houses of worship.”
The complaint further notes that PSL and AMP have histories of organizing violent protests and other incidents targeting Jewish institutions and pro-Israel events, and that “unless restrained, Defendants are likely to continue violating the FACE Act, given their history of targeting Jewish religious events with violence and intimidation.”
The lawsuit requests a permanent injunction against such activity by the defendants, an order that they be banned from coming within 50 feet of the private home or synagogue and that they pay compensatory damages to victims and a fine to the government.
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