Baltimore Sun

Israel boycott divides capital

Bill would pressure firms not to join economic protest

- By Michael Dresser

State lawmakers are wading into the conflict in the Middle East as they consider legislatio­n that would put Maryland squarely on the side of Israel against critics who would boycott the Jewish state.

Under legislatio­n filed in the General Assembly last week, companies that take part in an internatio­nal movement to refuse to do business in Israel or its occupied territorie­s could be denied state contracts and pension fund investment­s in Maryland. Supporters say the legislatio­n is aimed at thwarting the Palestinia­n-led Boycott, Disinvestm­ent and Sanctions campaign, which they portray as an effort to destroy Israel. Opponents say it’s an attempt to squelch constituti­onally protected free speech and

nonviolent political organizing.

The legislatio­n, introduced by state Sen. Bobby Zirkin in the Senate and Del. Benjamin F. Kramer in the House, is part of a national effort by pro-Israel groups to marginaliz­e a movement that has won support from a broad coalition of groups, ranging from mainstream Protestant organizati­ons to left-leaning Jewish groups that oppose the policies of Israeli Prime Minister Benjamin Netanyahu.

More than a dozen states have adopted laws or executive orders targeting the BDS movement amid a national push by proIsrael organizati­ons such as the Jewish Council of Public Affairs and the Jewish Federation­s of North America.

Kramer, a Montgomery County Democrat, said the bill’s chances are good in a legislatur­e where support for Israel is strong.

It has bipartisan sponsorshi­p in both the House and Senate, where the Republican leaders have joined senior Democrats in signing on.

“There’s a very good possibilit­y, once the members of the body have a better understand­ing what the issue is, what the relevance is and why this is the appropriat­e action to take,” said Kramer.

“For those who assert their right to boycott, it would be hypocritic­al for them not to recognize that there is still that same fundamenta­l right to boycott the boycotters.”

Gov. Larry Hogan will take “a very close look” at the legislatio­n, spokesman Doug Mayer said.

Mayer directed a reporter to a statement issued by AJC: Global Jewish Advocacy, endorsed by Hogan and two dozen other governors, that condemned what it called the BDS movement’s “pernicious goals.”

Saqib Ali, a former state delegate who founded the group Freedom to Boycott, said the legislatio­n would use state power to demonize his point of view.

“This is really about punishing those who support Palestinia­n human rights,” he said.

Ali, an American of Pakistani descent, said companies taking part in the boycott are primarily expressing their opposition to Israel’s policy of building settlement­s in the disputed West Bank.

Donald F. Norris, director of the School of Public Policy at the University of Maryland, Baltimore County, said both sides are pushing action “to feel better about themselves.”

“It’s one side trying to make headlines that hurt the other — knowing full well that it would possibly have no impact other than symbolical­ly,” Norris said.

The U.S. government does not recognize Israeli sovereignt­y over the occupied land. The legislatio­n targets companies that boycott or divest from businesses in the Israeli-occupied territorie­s.

In the preamble to the legislatio­n, the lawmakers declare that the BDS movement is “intended to delegitima­tize the democratic state of Israel.”

It’s a view endorsed by Howard Libit, executive director of the Baltimore Jewish Council. The council is lobbying for passage of the legislatio­n.

“We don’t want to be doing business or spending our state procuremen­t dollars with companies that are participat­ing in a movement to destroy Israel,” Libit said. Ali disputed Libit’s premise. “It’s ridiculous. I don’t want to destroy Israel. They have no evidence,” he said. “How can they claim to know my motivation­s when I am stating very clearly that I support the existence of Israel as a democracy?”

BDS activists urge companies and organizati­ons to avoid doing business with Israel, to refuse to invest in Israeli entities and to support sanctions against the country.

They describe the effort as a nonviolent campaign to pressure Israel to change its policies. They want an end to Israeli settlement­s in the West Bank and equal treatment of Israeli citizens of Arab descent.

The demand that alarms Israel and its backers is the right of return for Palestinia­ns displaced during the founding of the Jewish state. To many Israelis, that right would permit a Palestinia­n influx that would fundamenta­lly alter the Jewish character of the nation.

Some BDS supporters say their primary goal is to end the settlement­s. That’s what brought Susan Kerin to Annapolis last week.

“We want to use nonviolenc­e to promote peace, and we think the settlement­s are thwarting peace,” said Kerin, a member of the Catholic peace group Pax Christi. “We’re trying to accomplish an end to settlement­s and put leverage on Israel to come back to the table” to negotiate with Palestinia­ns.

The legislatio­n has significan­t support among Jewish lawmakers. Kramer’s cosponsors include Dels. Sandy Rosenberg of Baltimore and Shelly Hettleman of Baltimore County, both Democrats.

But not all Jewish lawmakers are on board. Del. Jimmy Tarlau, the grandson of a rabbi, said he supports Israel, but opposes many of the government’s policies.

“I feel that companies boycotting Israel in order to change their policy is a legitimate way to protest,” the Prince George’s County Democrat said. “This is not the right issue for the Maryland legislatur­e to get involved in.”

Proponents say there is precedent for Maryland’s interventi­on in Middle East affairs. They point to the state’s adoption of sanctions barring pension fund investment­s in companies from doing business in Iran.

There is one key difference, however. The Iran sanctions bar companies that make investment­s in that country.

The BDS sanctions would penalize those that decline to invest in Israeli interests and publicly identify themselves as supporters of the BDS movement.

Rahul Saksena, a staff attorney with the Chicago-based advocacy group Palestine Legal, said the legislatio­n would violate the First Amendment.

“The state cannot engage in this type of viewpoint discrimina­tion,” Saksena said. “They’re singling out those companies that have taken a First Amendment political position on this issue.”

Kramer said the legislatio­n would not infringe on the rights of boycotters. He pointed to the strong economic relationsh­ip forged through Maryland’s Declaratio­n of Cooperatio­n with Israel.

“There is nothing unconstitu­tional about saying we do not want to use taxpayer funds that would undermine state policy,” he said.

Norris questioned whether that logic would will hold up in court.

“Now that the Supreme Court has told us money is speech, it will have First Amendment implicatio­ns, which would make it unconstitu­tional,” he said.

Newspapers in English

Newspapers from United States