On Friday, March 2, the Arizona chapter of the Council on American-Islamic Relations (CAIR-AZ) and representatives of the Muslim Students Association (MSA) at Arizona State University (ASU) held a press conference to announce a lawsuit against ASU and the Arizona Board of Regents.
The lawsuit, filed by the CAIR Legal Defense Fund in Washington, D.C., challenges that state’s statute (Arizona 35-393.01).
35-393.01. Contracting; procurement; investment; prohibitions
A. A public entity may not enter into a contract with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.
B. A public entity may not adopt a procurement, investment or other policy that has the effect of inducing or requiring a person or company to boycott Israel.
CAIR claims that the contract terms used by ASU in adherence to Arizona 35-393.01 prohibits groups and organizations from inviting speakers to campus who are affiliated with the Boycott, Divestment, Sanctions (BDS) movement.
CAIR, along with plaintiffs from American Muslims for Palestine (AMP) and Dr. Hatem Bazian, are challenging the law claiming that it is a “fundamental violation of the First Amendment’s guarantee of free speech.”
According to the Anti-Defamation League (ADL), the BDS movement is a “global campaign to delegitimize Israel.”
The BDS campaign “was endorsed by pro-Palestinian organizations in Europe and the United States and the call for BDS against Israel has since become a key tactic within the global effort to delegitimize and isolate Israel,” according to ADL.
“Some supporters of BDS may genuinely believe that these efforts will encourage Israel to change policies with which they disagree,” REPORTS THE adl. “However, the predominant drive of the BDS campaign and its leadership is not criticism of policies, but the demonization and delegitimization of Israel. BDS campaigns promote a biased and simplistic approach to the complex Israeli-Palestinian conflict, and present this dispute over territorial and nationalist claims as the fault of only one party – Israel. The BDS campaign does not support Israeli-Palestinian peace efforts, and rejects a two-state solution to the conflict.”
In 2014, the National Review argued that CAIR could “rightly be characterized” as a supporter of terrorism:
“True, it does not set off bombs, but, as the UAE’s foreign minister explains, “Our threshold is quite low. . . . We cannot accept incitement or funding.” Indeed, CAIR incites, funds, and does much more vis-à-vis terrorism:
It apologizes for terrorist groups: Challenged repeatedly to denounce Hamas and Hezbollah as terrorist groups, CAIR denounces the acts of violence but not their sponsors.
It is connected to Hamas: Hamas, designated a terrorist organization by the U.S. and many other governments, indirectly created CAIR and the two groups remain tight. Examples: In 1994, CAIR head Nihad Awad publicly declared his support for Hamas; the Holy Land Foundation (HLF), a Hamas front group, contributed $5,000 to CAIR; in turn, CAIR exploited the 9/11 attacks to raise money for HLF; and, this past August, demonstrators at a CAIR-sponsored rally in Florida proclaimed “We are Hamas!”
The lawsuit reads in part:
In 2016, the State of Arizona chose to categorically take Israel’s side in this international conflict by adopting Ariz. Rev. Stat. § 35-393. This Act bars the State of Arizona from entering into government contracts with companies or persons who engage in or advocate for economic boycotts of Israel.
On February 22, 2018 the Muslim Students Association of Arizona State University invited American Muslims for Palestine and Dr. Hatem Bazian to speak at an April 3, 2018 educational event regarding Palestinian perspectives on Middle East conflict, including the Boycott, Divestment and Sanctions Movement. Because of the Act, however, Arizona State University’s standard outside speaker contract was amended in 2016 to contain a “No Boycott of Israel” clause. American Muslims for Palestine and Dr. Hatem Bazian cannot agree to that clause. They are therefore barred from presenting at the April 3, 2018 campus event solely because they engage in and advocate for economic boycotts of Israel as a means to promote Palestinians’ human rights.
Raees Mohamed of Kelly Warner, PLLC is co-counsel on the lawsuit.