AUGUST 27 • 2020 | 27
A
judge has dismissed
the lawsuit against
anti-Israel protesters
who stand outside Beth Israel
Congregation in Ann Arbor
each week.
The decision, made by U.S.
District Judge Victoria Roberts
on Aug. 19, says the plaintiffs
did not prove they suffered
concrete injury as a result of the
protests.
“Plaintiffs fail to allege a
concrete injury, and thus fail
to allege an injury in fact,
” the
decision reads.
Ann Arbor resident Henry
Herskovitz, who formerly iden-
tified as Jewish, began picketing
outside of the synagogue more
than 16 years ago. The protests
continue to this day, with a
small group of people protest-
ing outside Beth Israel every
Saturday morning, holding
signs with messages like “Jewish
Power Corrupts.
”
In December 2019, a lawsuit
was filed by Marvin Gerber, a
Beth Israel member. Dr. Miriam
Brysk, a Holocaust survivor
and member of Pardes Hannah
Congregation, located in an
annex next to Beth Israel, joined
the suit as a co-plaintiff.
The suit argued that the
protesters violated the First
Amendment by hampering
congregants’
right to practice
their religion. It also listed sev-
eral Ann Arbor city officials,
including Mayor Christopher
Taylor, contending that the
protests violate city code but
that officials have neglected to
enforce their rules.
Herskovitz and his fellow
protesters later filed a motion
to dismiss the case, which the
judge has now agreed to grant.
“Indeed, the First
Amendment more than protects
the expressions by Defendants
of what Plaintiffs describe as
‘
anti-Israeli, anti-Zionist, and
antisemitic.
’
Peaceful protest
speech such as this — on side-
walks and streets — is entitled
to the highest level of consti-
tutional protection, even if it
disturbs, is offensive and causes
emotional distress,
” the judge’
s
motion to grant dismissal reads.
The plaintiffs’
lawyers will file
a motion for reconsideration as
early as next week, according
to Ziporah Reich, director of
litigation at the Lawfare Project
and co-counsel to the plaintiffs.
If the motion for reconsid-
eration is denied, the plaintiff’
s
counsel will file an appeal with
the Sixth Circuit Court of
Appeals.
“Yesterday’
s ruling was a
minor setback,
” said Marc
Susselman, the plaintiff’
s lead
counsel. “The court did not
rule on the merits of the case
or address any of the First
Amendment issues. This was a
technical ruling on the matter
of whether the plaintiffs have
standing to sue. The plaintiffs
clearly have standing based on
the emotional distress caused by
the presence of antisemitic signs
outside their place of worship.
”
Herskovitz told the JN he was
pleased with the ruling.
“To me, it’
s clear Jewish
power still exists … The judge
ruled that … what we do is free
speech,
” he said.
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Judge Dismisses Lawsuit
Against Protesters at
Ann Arbor Synagogue
MAYA GOLDMAN CONTRIBUTING WRITER