Muslim group sues to block ‘No Boycott of Israel’ measure

The executive order says a boycott based on religion, national origin or ethnicity is discriminatory. (File/AFP)
Updated 10 January 2019
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Muslim group sues to block ‘No Boycott of Israel’ measure

  • The Council on American-Islamic Relations’ federal lawsuit seeks to block the state from enforcing an executive order that Maryland Gov. Larry Hogan signed in October 2017
  • The executive order says a boycott based on religion, national origin or ethnicity is discriminatory

COLLEGE PARK, Maryland: Maryland’s ban on contracting with businesses that boycott Israel tramples on the First Amendment rights of a software engineer who advocates for Palestinians, a Muslim civil rights group claims in a lawsuit filed Wednesday.
The Council on American-Islamic Relations’ federal lawsuit seeks to block the state from enforcing an executive order that Maryland Gov. Larry Hogan signed in October 2017.
The order requires contractors to certify in writing that they don’t boycott Israel. The group’s suit claims the order has an unconstitutional chilling effect on First Amendment-protected political advocacy supporting Palestine.
CAIR says 25 other states have enacted measures similar to Maryland’s, through legislation or executive orders. CAIR attorney Gadeir Abbas said other federal lawsuits have challenged measures in Arizona, Arkansas, Kansas and Texas.
CAIR sued Hogan and state Attorney General Brian Frosh on behalf of software engineer Syed Saqib Ali, a former state legislator. Ali’s lawsuit says the order bars him from bidding for government software program contracts because he supports boycotts of businesses and organizations that “contribute to the oppression of Palestinians.”
“Speech and advocacy related to the Israel-Palestine conflict is core political speech on a matter of public concern entitled to the highest levels of constitutional protection,” the suit says.
Raquel Coombs, a spokeswoman for the attorney general’s office, said the attorney general hadn’t seen the suit and doesn’t comment on pending litigation. A spokeswoman for Hogan’s office said, “We are confident that our executive order is completely consistent with the First Amendment and will be upheld in court.”
Ali, a resident of Gaithersburg, served as a member of the Maryland House of Delegates from 2007 to 2011 and represented Montgomery County as a Democrat. He accused Hogan, a Republican, of making an “end around” the Legislature by signing the executive order after lawmakers repeatedly rejected several “anti-BDS” bills targeting the Palestinian-led Boycott, Divestment and Sanctions movement.
“This is unacceptable, and Larry Hogan should know that our rights will not be stricken by him,” Ali said at a news conference in Baltimore.
The executive order says a boycott based on religion, national origin or ethnicity is discriminatory. A business boycott of Israel and its territories “is not a commercial decision made for business or economic reasons,” it says.
“Contracting with business entities that discriminate make the State a passive participant in private-sector commercial discrimination,” the order says.
In December, the Arkansas Times weekly newspaper sued to block a similar measure. That state law, which took effect in August 2017, requires contractors to reduce their fees by 20 percent if they don’t sign a pledge not to boycott Israel.
Arkansas Attorney General Leslie Rutledge’s office argued that boycotting Israel is not activity protected by the First Amendment.
“It is neither speech, nor is it conduct that is inherently expressive, nor associational activity that is afforded constitutional protection,” wrote attorneys representing Rutledge’s office.


Jordan to host Yemen talks on prisoner exchange

Updated 16 January 2019
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Jordan to host Yemen talks on prisoner exchange

  • A follow-up committee will discuss implementing the deal agreed in UN-brokered peace talks last month in Sweden

AMMAN: The next stage of the fragile Yemen peace process will take place in Jordan.

The government in Amman agreed on Tuesday to a UN request to host a meeting between the Yemeni government and Iran-backed Houthi militias to discuss a prisoner swap deal that would allow thousands of families to be reunited.

A follow-up committee will discuss implementing the deal agreed in UN-brokered peace talks last month in Sweden. 

The agreement to free prisoners simultaneously was part of confidence-building measures that included a plan to withdraw from the Red Sea port city of Hodeidah.

The two sides exchanged lists of about 15,000 prisoners for a swap agreed at the start of the Sweden talks and delegates said it would be conducted via the Houthi-held Sanaa airport in north Yemen and the government-held Sayun airport in the south.

The process would be overseen by the UN and the International Committee of the Red Cross (ICRC). The operation will require the Saudi-led military coalition to guarantee that air space is secure for flights, the ICRC said.

The warring parties in Yemen have so far refused to talk face-to-face during two meetings to discuss the redeployment of forces from Hodeidah, UN spokesman Stephane Dujarric said.

Retired Dutch general Patrick Cammaert, the head of the monitoring team, had to shuttle between government and Houthi representatives in different rooms.

Dujarric said Cammaert was trying to find “a mutually acceptable way forward” to redeploy forces from Hodeidah and the smaller ports of Salif and Ras Isa.

“Recent discussions have been constructive” and Cammaert “continues to encourage the parties to resume the joint meetings in order to finalize a mutually agreed redeployment plan,” Dujarric said.

UN envoy Martin Griffiths said last week there would be a new round of talks in January but diplomats said he was now looking to February.