Jewish student sues UC Berkeley over assault by Palestine supporter

Jessica Felber

A former Jewish student at UC Berkeley has filed a lawsuit against the university contending it violated her civil rights when it did not protect her against attacks from a pro-Palestinian student.

Jessica Felber filed the lawsuit in the Northern District Court on March 4, almost one year to the day Husam Zakharia, the head of Berkeley’s Students for Justice in Palestine, allegedly rammed her with a shopping cart filled with toys, according to the suit.

Felber, then 20, was a member of the pro-Israel Tikvah group, which had often clashed on campus with Students for Justice in Palestine. Felber was holding a sign stating “Israel Wants Peace,” on March 5, 2010 as part of an event for Israel Peace Week.  The rally had been called to counteract  rallies held on behalf of Israel Apartheid Week.

The lawsuit contends that the University of California financially supported Students for Justice in Palestine and an affiliate group, The Muslim Student Association, but tolerated its attacks on Jewish students expressing support for Israel.

Husam Zakharia

“SJP and Zakharia have been involved in other incidents on campus to incite violence against and intimidate Jewish and other students,” states the lawsuit. “Defendants knew of this history of incitment and intimidation yet took no reasonable step to adequately control Zakharia or other student members of the SPJ.”

UC Berkeley intends to vigorously fight the lawsuit, said Dan Mogulof, the university spokesman. “UC Berkeley is committed to maintaining an inclusive and respectful campus environment that is safe and welcoming for everyone, without regard to religion, race, ethnicity or ideology,” he said in a statement. “The University is also committed to enforcing the law and protecting the rights of free expression for every single member of the campus community. On legal and factual grounds we completely reject the complaint’s unfounded claims and allegations, and we intend to very vigorously contest this lawsuit.”

A call to the political action committee of the Muslim Student Association had not been returned by press time.

The complaint also contends that “physical intimidation and violence were frequently employed as a tactic by SJP and other campus groups in an effort to silence students on campus who support Israel”.

The university has tolerated  “the growing cancer of a dangerous anti-Semitic climate on its campuses” that violates the rights of Jewish and other students “to enjoy a peaceful campus environment free from threats and intimidation.”

“Berkeley is the founding space of the Free Speech Movement,” said Joel Siegel, the San Francisco attorney for Felber. “It’s about free speech. People shouldn’t be allowed to stifle speech through actions which endanger students. That’s what’s happening.”

The suit calls for damages and a jury trial.

Zakharia was arrested on suspicion of battery after the March 5, 2010, incident, according to the Daily Californian. Felber eventually got a restraining order against Zakharia.

The question of Israel and its treatment of Palestinians is a contentious one on campus. There have been numerous clashes between pro-Palestinian and pro-Israel groups in recent years, as well as arguments over calling for divestment in Israel.

UPDATE 2:45 pm: Dan Mogulof’s comments were updated.

Print Friendly
Tagged , , ,
  • Clint McMichaels

    TO BK: I used every stereotype in the islamaphobe book??? Are you kidding me? I stated FACTS. So i’m an islamaphobe because I pointed out facts like King Hussein of Jordan killed 20,000 palestinians in 1980? Or that syrian dictator killed 10,000 syrians in Hama? GEE i didn’t realize repeating FACTS make you a bigot these days. Everybody please notice how he called me a “bigot” but didn’t answer ONE of my questions. Hey BK, thats called taking the way way out. Man up and tell me EXACTLY what is bigoted about what I said! Since you won’t, I’ll ask you ONE last time.

    ARE YOU DENYING THAT:
    There are forced female circumcisions in the arab world?
    That women are NOT allowed to drive in saudi arabia?
    That stoning of women does NOT take place in the arab world?
    That in MULTIPLE arab countries, they are not BEHEADING and BLOWING each other up?

    Would you like me to go on with more FACTS? Or am I being a BIGOT? That’s the problem with you guys, you won’t answer any questions, because you know you have nothing to say, so the only thing you can do is call people bigots.

    TO JESSE: I am sticking to the article. What i said what this zakaria guy may think its OK from the country he came from to NOT let people have free speech and to hit women, but in America, there are consequences. Not to mention he already has a pretty bad record, just google his name. Question for you Jesse, if the roles were reversed, and a white Christian male did what Zakaria did to the jewish girl, are you going to tell me with a straight face, that CNN, MSNBC, CAIR would not be going absolutely crazy??

  • Clint McMichaels

    To JESSE: I apologize I didn’t complete the sentence. What I asked you was that if the roles were reversed, and a white Christian male did what Zakaria did, to a muslim girl, are you going to tell me with a straight face, that CNN, MSNBC, CAIR would not be going absolutely crazy??

    And for the record, I’m against ANYBODY laying a finger on anyone. If a Christian male hit a Muslim girl, he should be jailed and punished IMMEDIATELY. There is no place in America for stuff like that, which is why i dont understand the few people who are defending what zakaria did.

  • http://francesdinkelspiel.com/ Frances Dinkelspiel

    I asked Jessica Felber more about the organization she works for and this was her response:

    “Hasbara Fellowships is a non-profit American-based organization that is funded through private donors. The following is the organization’s official statement regarding my lawsuit:

    Jessica Felber, a graduate of UC Berkeley, has independently opted to file a lawsuit against the university regarding an incident that took place during her time as a student there. At the time of the incident, Ms. Felber was not an employee of Hasbara Fellowships. Ms. Felber filed this lawsuit on her own, not on behalf of, or through the directive of, Hasbara Fellowships. Hasbara Fellowships supports the efforts of Ms. Felber, as well as any student leader defending his or her rights and security as a supporter of Israel.”

  • http://www.vladislavdavidzon.com Vladislav Davidzon

    Wow! Thanks for the follow up. The interesting bit is the “supports the efforts” — does that mean they are funding the lawsuit?

  • Clint McMichaels

    Vlad-So you’re not worried that someone with a troubled criminal record…who is a supporter of the terror group hamas…HIT A GIRL on school campus…but you’re more interested to know whose funding the girls lawsuit??? LOL!

  • http://www.vladislavdavidzon.com Vladislav Davidzon

    @Clint – It appears her lawsuit against the individual was thrown out, which likely speaks as to the legitimacy of the claims made. This is a totally separate issue whereas she’s seeking damages against an institution of the US Government, apparently on behalf of the State of Israel. That’s a very different situation from the original lawsuit.

  • BK

    Clint. are you catholic?
    you know? one of those child molesters?
    And so on. Even you are not too dim to follow….

  • BK

    But I do appreciate you proudly modeling and trotting your hatred out for all to see.
    There is a sickness in our country.
    you are butt a symptom.

  • BK

    btw: here is a copy of the complaint poor jessica is filing all by herself with no help from hasbara (right, frances? ;-/ )
    http://atlasshrugs2000.typepad.com/files/felber-v.-yudof-et-al-complaint-1.pdf
    bicoastal attourneys. hasbara must pay alot!

  • BK

    btw: neal sher has also posted this story EVERYWHERE!
    Who is neal sher?
    hmmm…besides one of the litigants….

  • BK
  • Bruce Love

    BK: Sher is council, not litigant.

    All: According to a blog post apparently by him – Zarkharia is not Muslim (not that that should matter to the case at hand) but was born and baptized a Palestinian christian, since declared as atheist.

    There is a lot of legal “back story” or “context” to this case which is quite interesting but which there is zero chance of discussing in the comments here because a few people supposedly on both “sides” effectively troll and shout down so much. So, this isn’t the right form of forum to shed much light on this: One side or the other or both aims to shut down discussion by rhetorical thuggery. The irony in relation to the conflict “over there” is hard to miss.

  • http://www.vladislavdavidzon.com Vladislav Davidzon

    @Bruce Love – Sher may not be the litigant, but is he providing the services pro-bono or on the payroll of the State of Israel / AIPAC?

  • BK

    Trolling is in the eye of the betrollder, bruce.
    Sometimes the one calling people trolls *is* actually the troll.
    Clint seems to meet the reqs.
    I provide facts. Not hate.

  • Name Withheld

    Vladislav Davidzon says: “Can you clarify what would make one an ‘agent’ of a foreign country? Is it not the basic act of being paid by that country — is there another qualifier?”

    Meter maids are paid by the United States government.
    Does that make meter maids agents of the United States government?

  • http://www.vladislavdavidzon.com Vladislav Davidzon

    @Name Withheld – Uh, correct? A US Government employee is an Agent of the US Government.

  • Bruce Love

    Vlad, we do not know on the public record who is paying for what. I would suggest, though, that if you want to criticize the case you attempt to do so on its own terms rather than by awkwardly vague and problematic insinuations and conspiracy theories about the persona dramatica.

  • Name Withheld

    Vladislav Davidzon says: “It appears her lawsuit against the individual was thrown out, which likely speaks as to the legitimacy of the claims made.”

    It appears that the courts saw fit to award her with a restraining order against Husam Zakharia as a result of his actions, which likely speaks to the legitimacy of the claims made.

  • Name Withheld

    Here’s a link to a site that has a short Q & A session with with San Francisco attorney Joel Siegal, is presently representing Jessica Felber, a Jewish UC Berkeley student who is suing UC Berkeley.

    http://frontpagemag.com/2011/03/08/berkeley-on-trial-over-jewish-students-assault/

    I’m not sure I agree with the reasoning, but the interview helps explain the arguments in the lawsuit in layman’s terms that are a little less dry than reading the official legal document.

  • Bruce Love

    BK: I was not calling you a troll. I thought you were on a right track other than I wanted to correct that Sher is council, not litigant. I crammed a separate response in the same reply. The separate response was to a general “all:” . That may have made it falsely seem like I was trying to talk to “all:” about “bk”. Sorry for any misunderstanding.

  • http://www.vladislavdavidzon.com Vladislav Davidzon

    @Bruce Love – The case itself appears to be the State of Israel suing UC Berkeley in order to silence dissent on campus. That’s the whole point here. It’s not about some poor girl being attacked (the claimed attack apparently failed to stand up in court), but something that is looking a heck of a lot like treason by a US Citizen who is acting on behalf of a foreign government.

    @Name Withheld – Restraining orders are fairly easy to obtain, and only require proof to the court of reasonable fear. That’s a much lower bar than proving actual injury or attack, which she has failed to do apparently when her lawsuit was thrown out.

  • Name Withheld

    [quote]BK says:
    March 8, 2011 at 5:41 pm

    “Clint. are you catholic?
    you know? one of those child molesters?”[/quote]

    And with that, I think we’ve reached the point where comments need to be locked.
    This discussion is even more off track than usual.

  • http://www.vladislavdavidzon.com Vladislav Davidzon

    @Name Withheld – Thanks for the link. It is interesting that the attorney seems to think that the institution has the legal responsibility to protect its students, whereas numerous court cases appear to have stated over and over again that police have no legal responsibility to protect. It’s almost as if he’s trying to create a legal threat that silences dissent in the name of public safety. Fascinating (even if profoundly evil) logic.

  • BK

    OK Bruce. Pardon.
    I don’t know my legalese.

  • BK

    Name Withheld: you had me at female genital mutilation.

  • Name Withheld

    Vladislav Davidzon says: Uh, correct? [Meter maids] are Agents of the US Government.”

    No, Vlad, they are EMPLOYEES of the US Government.
    Your use of the word “agent” is a rabid idealogue’s attempt to undermine someone you disagree with by hinting that they are some sort of spies whose actions are being controlled by a foreign government.

    Considering that you have no problem using fabricated quotes to back up your “arguments” in your blog, I have no idea why you think anyone would believe a word you write.

    http://en.wikipedia.org/wiki/Alleged_Ouze_Merham_interview_of_Ariel_Sharon

  • http://www.preservenet.com Charles Siegel

    I think Berkeleyside should limit the number of posts that one person can make in one day. That would prevent threads like this one, that are mostly just hostile back and forth. In line with Bruce Love’s comment, it would allow people to discuss issues seriously without being overwhelmed by people who want to shout everyone else down. I am thinking of a very generous limit, maybe eight or ten posts per day.

  • http://www.preservenet.com Charles Siegel

    PS: meter maids are neither employees nor agents of the US government. They are employees of local governments.

  • Name Withheld

    @ Charles — Local _United States_ governments, no? I think you understand the point, though.

    I think the number of posts is less of a problem than the content of ones that say things like “All Catholics are child molesters.” I’m no fan of the Catholic Church, but that kind of comment should not be tolerated.

  • BK

    Name withheld=obvious partisan
    You have a problem with me but Clint is ok.
    Thanks
    Tells me all I need to know.

  • Bruce Love

    At the risk of going over my Charles limit (Charles, as someone who does some studyin’ of social networks, I think that the quota system you suggest would be a disaster :-)

    There’ve been various legal and political efforts in recent years to.. how shall I put it … examine, test, or stretch the applicability of civil rights law around such questions as “when does anti-zionism become anti-semitism?” and “in that regard, what obligations to campus’ have to clamp down on organizations that ostensibly take anti-zionist positions of certain kinds?”

    In the grand history of jurisprudence, the case at hand looks to me like an effort to write the next chapter in that series of legal efforts.

    Reading the complaint itself, I think I see nothing but problems for the plaintiff. My initial reaction was, as I said, that I don’t see how even if we stipulate the facts alleged (stripping them of the editorial interpretations with which those factual claims are expressed) that they support the claims made. Which is to say, all else being equal, I’d expect a quick dismissal although no doubt Cal and UC’s attorney’s will have fun right a thorough motion to that effect.

    But what do *I* know? Sher is certainly no legal fool, unlike layman me. There must be a good explanation for this case in terms of legal theory. And, if not, then a meta-theory of what the legal maneuver achieves as a practical matter.

    Instead, in these disappointing comments, we get harsh arguments about a bunch of random bigotry and beside the point conspiracy theories and personal interpretations of weakly documented historic events…. Some readers who dislike me may be saying something about pots and kettles trading names but…

  • Name Withheld

    When did I say that Clint’s comments were acceptable? I was working on a post earlier chastising Clint for his sweeping generalizations about Muslims (and his assumption that all Palestinians are automatically Muslims) when Frances asked some of us to stop posting.

    I had planned on retiring from this thread for good, but some of the grotesquely misleading and bigoted things I found in Vladislav Davidzon’s blog and your thuggish jackassery was too much to leave without response.

  • Name Withheld

    For those who aren’t familiar with the “Students for Justice in Palestine,” the devolution of this comment thread is an excellent example of the kind of “discussion” tactics they use on the campuses of our California Universities.

    They employ tactics eerily similar to those of the Westboro Baptist Church, and do everything in their power to shout down reasoned debate and offend, harass, intimidate, & bait others into attacking them so that they can cry “oppression.”

  • http://www.vladislavdavidzon.com Vladislav Davidzon

    @Name Withheld – Were you the one that just e-mailed my employer to try to get me fired for me political views? That was pretty funny.

    Let me be clear: I will not be intimidated, and I will continue to post under my real name (unlike yourself) to make that very clear. I am also Jewish, but nice try accusing me of being an anti-Semite. Save the self-hating Jew stuff for another time too while you’re at it.

  • BK

    “They employ tactics eerily similar to those of the Westboro Baptist Church, and do everything in their power to shout down reasoned debate and offend, harass, intimidate, & bait others into attacking them so that they can cry “oppression.””

    LOL
    Sounds vaaaaaaguely familiar.

  • Name Withheld

    @ Vlad — Along with your use of fabricated quotes to back up your positions, the information on your blog suggests that you are self-employed, so why would I e-mail your employer?

    @ BK — Correct. Bigots tend to use the same tactics. You should see lots of similarities between the actions of the WBC and your posts here.

  • Name Withheld

    @ BK — And before you make your retort, I also think that Clint has done many of the same things here.

  • Jesse Townley

    Okay, so I’ve read the posts I’ve missed since mid-day. I’m confused. Clint suggested that the pro-Palestine “side” didn’t speak out about anti-woman violence in muslim societies/cultures. I posted the results of a quick google search showing that the U.S.’s major muslim civil rights organization supports gender equality.

    I don’t know what I’m supposed to do- keep on answering more questions from Clint about what I personally think the mass media would or would not do? (Okay, I do know- it’s not related to this article, so I’m gonna stop)

    Plus, Clint (or others who agree with him) didn’t respond to my questions specific to the situation mentioned in the article (What is their preferred outcome? What would they like to have seen UC do instead?) …

    Related to this article:
    Thanks for linking to the short interview w/ the woman’s lawyer on David Horowitz’s website. http://frontpagemag.com/2011/03/08/berkeley-on-trial-over-jewish-students-assault/

    That’s pretty revealing. It seems like, as Bruce suggested above, that the proposed remedy is a determination that strident campus activism against the current Israeli government’s Palestinian policy equals anti-semitism (hate speech), and is therefore a danger to other members of the campus. Unfortunately for the plaintiff, long-standing Constitutional First Amendment precedent holds that unpopular speech is protected. Additionally, the reality of many anti-Israeli-government-policy-in-Palestine activists being Jewish (see: Jewish Voice For Peace http://jewishvoiceforpeace.org/ ) muddies the claims of plaintiff’s lawyer that Jews as a class are negatively impacted by such activism.

    I’d be pretty unhappy with a government who chose to restrict the breadth of acceptable speech. The ACLU and other civil rights groups have gone to the mat for the free speech rights of truly despicable groups like the frickin’ American nazis and Westboro Baptist. I fully support this- I want cockroaches like the nazis & theocratic fascists of whatever religion exposed to the bright, unblinking light of the press, including news sites like Berkeleyside. (I am not suggesting that either “side” in this article are cockroaches, by the way)

  • dennis

    Thank you Husam and Jessica for ruining my day. Please move to your beloved countries and spare us your juvenile behavior.

  • Sharkey

    “Clint suggested that the pro-Palestine ‘side’ didn’t speak out about anti-woman violence in muslim societies/cultures.”

    I don’t want to put words in Clint’s mouth, but I think he was questioning why the people in these pro-Palestinian clubs were not protesting against injustice in Muslim countries with the same fervor that they protest against injustice in Israel.

  • Nils

    You may not believe me, but this is a WAY more civilized and thoughtful discussion than I would see on an equivalent issue on, say, DailyKos; congratulations! That’s even considering all the trollish and just plain rude comments.
    Could it be, that a university education contributes to the level of discourse??

  • ActaNonVerba

    I saw someone comment that a restraining order issued on behalf of Felber was evidence of her letigimacy and just had to comment. Restraining orders are a joke. The legal threshold for issuance of said order is the equivalent of “meh, why not”? Restraining orders are considered non-judicial and not punishments, per say. The reason they are issued so readily has more to do with politics and money than law. Feminists’ lobbying has seen to this. Restraining orders are, as I said, issued with a rubber stamp. David Letterman had a restraining order taken out against him by a woman in Arizona who said he was harassing her through the TV. Restraining orders are also commonly used by women in divorce proceedings. They get the garbage order simply by asking for it, saying they are “fearful” or some other empty, subjective argument. Then, they turn around and use said order to say, “look, I’ve got a restraining order, see, I’m telling the truth”. It’s a game; and, a game primarily used by women against men. I’m not saying some women don’t get legitimate restraining orders that are useful and proper. I am, however, saying, that due to the common corruption of this crap document, to believe it is relevant or significant on the face of it is to be stupid or ideological.

  • Caty

    Many lawsuits are on contingency- the attorney does not charge anything, but rather takes a percentage of the settlement. Also- Husam is not Muslim. I believe he considers himself Christian. He is employed by an anti- Israel organization called the Arab Resource Organizing center- that coordinates anti-Israel lectures and protests throughout the bay area. I do not know if he was acting in the course of his employment when he assaulted Jessica
    Also- anti-Israel activism isn’t always anti-Semitic, but all too often it is. Jewish Voice for peace aids abets and supports some of the vilest anti-Semitic organizations locally. It has been all but completely rejected by the organized jewish community locally (they are notorious for protesting the local jewish cultural fair each year)

  • Kaplan L

    The writer left out the important bit that the charges against Zakharia were =dropped=.
    Further, the reporter didn’t press Ms. Felber regarding the distinction between her practice of Judaism and support for the political state of Israel’s policies. Many apologists for the state of Israel intentionally conflate opposition to Israel with antisemitism. Particularly on the UC campuses.

    I sincerely hope the judge sees reason and doesn’t make the UC Regents spend hard-to-come-by state money on such a ridiculous lawsuit.

  • Journalist

    “Jewish student sues UC Berkeley over assault by Palestine supporter”
    Palestine is not a country.
    “Palestinian supporter” is correct.

  • Kardisch

    I’m guessing you’ve never lived in fear of “peace-loving” Palestinians lobbing rockets at your home or blowing themselve up in public places.  Just as Arab terrorists use their own as human shields, the Arab world uses the Palestinian “cause” as a weapon to destroy Israel.                

  • Stan Bapi

    A) There isn’t and never was a nation called Palestine.

  • Rmsoran

    On her Facebook page she says that one who inspires her philosophically/politically is —>
    Avraham Stern, alias Yair (December 23, 1907 – February 12, 1942) was a Jewish paramilitary leader who founded and led the militant Zionist organization later known as Lehi (called the “Stern Gang” by the British colonial authorities and by their assistants in the Yishuv establishment).

    The Stern gang was a internaqtionally known extrem-rightist, pro-fascist Jewish  terrorist organisation that killed many hundreds of Palestinians, British and … also Jewish immigrants. Not better than Hamas, maybe worse. Begin and Shamir were both terrorist leaders connected to Stern …

    Now the question is: who should be rather protected: Jessica by the U. president or the campus from her ????

  • Vladislav G Davidzon

    Vladislav.. your comments betray needless fanaticism on the question
     

  • Dawoud Aziz

    We know the MSA is directly linked to the evil and violent Muslim Brotherhood. I’m curious to know who’s behind the SJP. At any rate if the terrorist guy actually hit the Jewish girl with a shopping cart he should be prosecuted for sure. As far as the University sharing responsibility, that depends on whether or not this was an isolated incident or something the terrorist guy or his group have done more than once to Jewish students. At the very least the terrorist guy should be warned by the University that if something like this happens again he and his group will be expelled. The University should have a zero tolerance policy for terrorist activity