Press Releases
CAIR-Houston: First Hearing on Lawsuit Against Houston, Texas AG on Anti-BDS Contract Pledge
(HOUSTON, TX, 12/21/2021) –The Houston chapter of the Council on American-Islamic Relations (CAIR-Houston) today took part in the first hearing arguing for an injunction against the City of Houston and the Texas attorney general on behalf of a business that was unable to renew its contract with the city because it contains an unconstitutional clause requiring contractors to sign an oath to the Israeli government.
The Plaintiff’s motion for Preliminary Injunction and Defendant Paxton’s Motion to Dismiss is set for Tuesday, December 21, 2021, at 10 AM (CT) before Judge Andrew S. Hanen.
Location:
Bob Casey United States Courthouse, 9th floor, Courtroom 9C
515 Rusk Avenue,
Houston, TX 77002
WATCH THE NEWS CONFERENCE ANNOUNCING THE SUIT:
https://www.facebook.com/CAIRNational/videos/6900066333344636
CAIR-Houston filled the suit on behalf of A & R Engineering and Testing, Inc., an engineering firm, the owner of which is of Palestinian heritage, that was asked by Houston to sign the anti-BDS clause in its contract. In the hearing, the Plaintiff will request a temporary injunction prohibiting implementation of the unconstitutional statute as a violation of first amendment. Historically, the Owner/Plaintiff of the company has done more than two million dollars of business with Houston over the last 20 years.
CAIR’s memorandum in support of a motion for a temporary restraining order states in part:
“Plaintiff A & R engages in protected First Amendment activity when it makes economic decisions in support of peaceful efforts to impose economic pressure on Israel, with the goal of making Israel recognize Palestinians’ dignity and human rights. The Texas requirement that state contracts must include a ‘No Boycott of Israel’ clause, as enforced by the Texas Attorney General and implemented by the City of Houston, eviscerates A & R’s right to engage in protected speech and expressive conduct. As such, the Anti-BDS law is likely to be struck as unconstitutional.”
READ CAIR’S MEMORANDUM:
https://www.cair.com/wp-content/uploads/2021/10/Memorandum.pdf
The Texas law requiring a pledge of support for Israel (Section 808.001 of the Texas Government Code) is one of many state laws nationwide designed to block the growing BDS movement in the United States and worldwide in defense of Palestinian human rights.
In 2019, CAIR won landmark victory in a suit over the first version of the Texas law on behalf of Bahia Amawi, the Texas speech language pathologist who lost her job because she refused to sign a “No Boycott of Israel” clause. That victory caused the state legislature to enact the new law.
SEE: CAIR Wins Landmark First Amendment Victory Striking Down Texas Anti-BDS Law
In a statement, CAIR-Houston Director of Operations Ambreen Hernandez said:
“On October 29, 2021, we filed another lawsuit against the City of Houston and the State of Texas on behalf of A&R Engineering who was unable to renew its contract with the city because they refused to sign the state-imposed oath. With that, we are here to challenge any conditions that are imposed to businesses and contractors by Anti-BDS efforts which have been found to be unconstitutional and a proven burden to their First Amendment rights. Apparent attempts to alter or influence funding to intentionally regulate speech and allow Plaintiffs such as in this case- as well as Bahia Amawi’s case in 2018-2019- to participate in boycott-related activity is undeniably a restriction that violates the First Amendment. As found and documented in our very own American history, boycotts historically and today continue to be instrumental to our civil rights movements.
This hearing will serve as another catalyst for further change as we collectively as a community continue the fight against unconstitutional Texas laws that challenge our First Amendment rights. We encourage our community, allies, and supporters in Texas and beyond to continue to monitor, report, and support all local, state and federal efforts geared towards suppressing the protected and guaranteed by our constitution.”
BACKGROUNDER:
Similar anti-BDS measures have been enacted in more than 20 other states as part of an effort to block the growing Boycott, Divestment and Sanctions (BDS) movement. Modeled after the global South African anti-apartheid movement, the BDS movement’s stated goal is to pressure the Israeli government to end its occupation of Palestinian territory.
CAIR, the American Civil Liberties Union, and other civil rights organizations have filed free speech lawsuits against anti-BDS laws in Georgia, Arkansas, Arizona, Maryland, and Texas, where CAIR won a landmark legal victory in 2019.
SEE: Texas Judge Blocks Law Banning Contractors from Engaging in Boycotts of Israel
The federal court in Texas held that the state’s anti-boycott law “threatens to suppress unpopular ideas” and “manipulate the public debate” on Israel and Palestine “through coercion rather than persuasion.” The Court concluded: “This the First Amendment does not allow.”
CAIR’s mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: CAIR-Houston Director of Operations Ambreen Hernandez, ahernandez@cair.com 713-838-2247, CAIR-Houston President and Chairman of Board of Directors John Floyd, Attorney, jfloyd@cair.com, (713) 224-0101
