LA hotel won't exclude Israelis in compliance with academic boycott
As you might recall, the American Studies Association has implemented an academic boycott of Israelis. The group is holding its annual meeting at the Los Angeles Westin Bonaventure Hotel and the Washington Post reported last week that, in compliance with the group's wishes, the hotel planned to exclude Israelis from staying at the hotel during the meeting.
In early November, the American Studies Association will be having
its annual meeting at the Westin Bonaventure Hotel in Los Angeles. Per
the ASA’s recently adopted policy, Israeli academics will be subject to
unique exclusionary restrictions based on their national origin.
The use of a public accommodation for such a discriminatory event has led a civil rights group to warn the hotel that hosting the conference could violate California’s civil rights laws.
The Unruh Civil Rights Act provides that “no business establishment of
any kind whatsoever shall discriminate against, boycott or blacklist, or
refuse to buy from, contract with, sell to, or trade with any person in
this state on account of” national origin and other characteristics. It
also extends liability to those who “aid or incite” a denial or rights
under the law.
I am not an expert on the application of
California’s anti-discrimination laws, but the notion that a public
accommodation cannot host an event that itself violates the law would at
least seem consistent with the text of the statute. I also happen to generally disfavor anti-discrimination laws
on, among other things, First Amendment (free association) grounds, but
unfortunately for the ASA, these arguments do not fare well in courts.
The
ASA’s argument that it does not bar Israelis, but only Israelis who
attend as representatives of their academic institutions, will not
likely help them much, as the normal way for academics to attend
academic conferences is as representatives of their institutions. In any
case, this argument amounts to saying the ACA is not discriminating as
much as they could have, which is not an advisable defense in
discrimination cases.
Professor Kontorovich’s blog post apparently got under the skin of
the ASA, as it wrote to Prof. Kontorovich claiming that there was no
boycott of any individuals whatsoever, as Prof. Kontorovich describes in
a follow up post, ASA pretends to partially drop Israel boycott:
The ASA’s executive director, John Stephens, wrote to me
demanding a correction, claiming that my description of their policy was
entirely “false.” Stephens claims that despite the boycott
Our conference is open to anyone, including Israeli
academics and non-academics. If someone were to register for the
conference as a representative of an Israeli institution, he or she
would not be turned away.
* * *
Stephens went on to write that:
[The ASA] does not bar Israelis, it does not bar Israeli institutions. Prime Minister Netanyahu can attend if he wants to.
But their very own policy makes clear that it excludes Israeli
institutions and their “representatives,” as well as those of the
“Israeli government,” of which Netanyahu would be a prime example.
As Prof. Kontorovich further demonstrates, since the ACLJ letter, the ASA has added language to its policy (indicated by an asterisk):
#BDS_Fail: BDS'ers cause Port of Oakland to lose business to LA
For the second time in recent weeks, a ship owned by an Israeli company was prevented from unloading at the Port of Oakland (California). But this time, instead of circling around until it could sneak in, the ship sailed for the Port of Los Angeles, arriving on Tuesday morning. If this works out, Zim may use Los Angeles, rather than Oakland as a port of call, which could result in a loss of jobs in a very hard-hit port.
The Zim Shanghai docked in Los Angeles on Tuesday morning, according to
tracking by the website marinetraffic.com. It was still carrying its
original cargo.
The ship, which is owned by Zim Integrated
Shipping Services, Israel’s largest shipping company, was unable to
unload Saturday after some 200 activists prevented workers at the
Oakland Port from getting near the ship. Approximately 50 police
officers were on hand but did not intervene.
The International
Longshore and Warehouse Union released a statement saying, “The ILWU is
not among the groups organizing the protests, and the leadership and
membership of the ILWU have taken no position on the Israel/Gaza
conflict.”
I am an Orthodox Jew - some would even call me 'ultra-Orthodox.' Born in Boston, I was a corporate and securities attorney in New York City for seven years before making aliya to Israel in 1991 (I don't look it but I really am that old :-). I have been happily married to the same woman for thirty-five years, and we have eight children (bli ayin hara) ranging in age from 13 to 33 years and nine grandchildren. Four of our children are married! Before I started blogging I was a heavy contributor on a number of email lists and ran an email list called the Matzav from 2000-2004. You can contact me at: IsraelMatzav at gmail dot com