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