June 1, 2015

Major victory against BDS

Major victory against BDS:
Lawfare Project congratulates plaintiffs on Washington Supreme Court's reversal of Olympia Food Co-op decision

This past Thursday, in a 9-0 vote, the Washington State Supreme Court vacated a lower court's dismissal of a lawsuit filed against Olympia Food Co-op board members for their enactment of a discriminatory boycott of Israeli products.

The Lawfare Project played an active role in the case, submitting an amicus curiae brief in favor of the plaintiffs and arguing improper application of Washington's anti-SLAPP statute, and publishing analysis to counter the rhetoric of BDS proponents concerning the scope of the lower court's dismissal.

Not only did the previous ruling prevent the plaintiff Co-op members' claims from advancing to trial, but it also imposed upon them $232,000 in fees and penalties. This outcome was reached pursuant to the state anti-SLAPP statute, which the Supreme Court struck down for violating the right of trial by jury.

Thanks to last week's decision, the plaintiffs do not have to pay the immense bill, and they may now have their day in court to challenge the board members' adoption of boycott policies in violation of the Co-op's own rules. Moreover, the holding paves the way for future lawsuits against entities that engage in discriminatory BDS conduct.

The Lawfare Project congratulates the plaintiffs, their attorneys, and the other organizations that supported this brave undertaking to legally combat BDS.

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