Civil Rights and the Park Slope Food Coop

 

From the Park Slope Food Coop’s mission statement:

"We are committed to diversity and equality, opposing discrimination in any form. We strive to make the Coop welcoming and accessible to all while respecting the opinions, needs, and concerns of every member."

Stating this commitment is one thing; defining and applying it fairly is another. The Coop's Membership Manual includes an Anti-Discrimination Policy "prohibiting any form of discrimination or harassment among members." The Coop will not tolerate discrimination against the classes listed in the NYC Human Rights law. 

In 1964, the landmark Civil Rights Act became law. Title VII prohibits employment discrimination. Title VI prohibits discrimination in programs and activities receiving federal financial assistance. The Department of Education Office of Civil Rights (OCR) is tasked with assuring Title VI compliance at educational institutions receiving federal funds.

Although the Park Slope Food Coop membership is not bound by Titles VI and VII of the 1964 Civil Rights Act, these guidelines provide valuable standards for members’ behavior toward one another. The protections of Title VII, which apply to the paid staff, should also govern interactions between staff and members and among the members themselves.

The Coop is a communal membership organization.  In addition to its role as a grocery store, many members have viewed it as a venue for political advocacy, much like an educational institution. In this context, Coop management can and should voluntarily adopt the principles of Title VI, which protect students, to determine acceptable member activities. In other words, Coop activities should align with the expectations of the OCR, not because of the risk of losing federal funding or lawsuit, but because it is the right thing to do.

In January 2023, the OCR issued a Fact Sheet  stating:

Title VI’s protection from race, color, or national origin discrimination extends to students who experience discrimination, including harassment, based on their actual or perceived: (i) shared ancestry or ethnic characteristics; or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity.

In 1994, the OCR determined that educational institutions receiving federal aid have a responsibility to maintain a nondiscriminatory educational environment, even if the administration is not directly responsible for all instances of harassing conduct.

Anti-Zionism is Discrimination

Anti-Zionism constitutes a form of national-origin-based discrimination.  It seeks to delegitimize Israel as a sovereign nation and deny the national identity and heritage of its citizens.  It aims to vilify and discredit one nation and its citizens while promoting differential treatment of Israelis and Israeli-Americans.

Moreover, anti-Zionism is a form of discrimination and harassment rooted in targeting Jewish ethnicity.  At its core, it denies Jewish peoplehood and the historic connection of Jewish people to the Land of Israel, also known as Palestine.  Jews are told they are not real Jews, but frauds and imposters who claim a shared national heritage.

Ever since October 7, 2023, the Park Slope Food Coop administration - both the managerial paid staff and the elite committees - has allowed promotion of anti-Zionism within the Coop.  The group Members 4 Palestine (M4P) is actively advocating for the Coop to join and endorse BDS.  BDS is an anti-Zionist tactic to normalize the call for the elimination of Israel as the sovereign nation-state of the Jewish people.

There has been verbal harassment and threats made against members opposing BDS. Jewish and Israeli members are being subjected to the demonizing BDS lies that have incited multiple violent attacks on Jews and property in Brooklyn, North America and Europe. BDS propaganda is shared during open forum at the General Meetings and in the letters and members submissions of the Linewaiters Gazette.  The management is engaged in finding a venue to host a large membership meeting to consider endorsing the elimination of Israel.

For Jewish and Israeli members, the current environment at PSFC is profoundly troubling. We are compelled to spend our valuable free time countering falsehoods, defending our identities, and preparing to oppose this measure if it is ever brought to a vote. This situation is making membership increasingly untenable for us.

Anti-Zionism is Not Protected Speech

I believe the activities of M4P are being tolerated at the Coop due to two fundamental misunderstandings:

1. The Nature of the BDS Movement: The BDS Movement is often misrepresented as merely political advocacy for changes to Israel’s policies. In reality, BDS is deeply intertwined with anti-Zionism and explicitly aims for the elimination of Israel. Those who claim otherwise are either deliberately misleading or have failed to thoroughly research the movement’s objectives.
2. The Concept of Freedom of Speech: There seems to be a misconception regarding what "freedom of speech" entails. While the government is prohibited from limiting or penalizing speech, the Coop, as a private institution, has the authority to establish and enforce a code of conduct that regulates speech within its community. In fact, we already have such codes, as outlined in the Linewaiters' Gazette guidelines and our Membership Manual. Additionally, the Dispute Resolution Committee (DRC) and the Equity Access and Community Committee (EACC) are tasked with addressing breaches of this code.

What Can Be Done?

The DRC and EACC serve as the Coop’s official channels for addressing complaints. Both committees have the authority to recommend mediation between parties. Despite receiving and addressing numerous complaints from both anti-Zionists and our side regarding specific incidents, the DRC has declined to pursue further engagement or mandate mediation. When it comes to our broader complaint about the creation of a hostile environment, the DRC redirected us to the EACC.

Unfortunately, the EACC's leadership has demonstrated a clear and vocal anti-Zionist bias. The current head of the EACC was among the most prolific and outspoken anti-Zionist letter writers in the Linewaiters' Gazette during our previous encounters with BDS advocacy. Historically, the EACC has refused to consider complaints related to this issue, leaving us with no confidence in its ability or willingness to address the civil rights concerns of Jewish and Israeli Coop members.

The Coop's management—comprising the paid staff, Agenda Committee, Chair Committee, and Gazette Committee—bears responsibility for fostering the environment within the Coop. Unless they can present a compelling argument that anti-Zionism does NOT constitute harassment, there should be an immediate moratorium on the following: BDS-related speech at General Meetings and in the Gazette, the inclusion of BDS-related agenda items, and efforts to secure a larger meeting space for such discussions.

Dialog is the Answer

From the very beginning of M4P’s anti-Zionist activities at the Coop, Coop 4 Unity has consistently extended invitations to M4P to meet and discuss shared goals. These overtures have been met with silence; not one has been acknowledged.

I sincerely hope that dialogue between M4P and Coop 4 Unity can become a reality. I believe M4P sees itself as advocating for Palestinian rights and pursuing a just resolution to the conflict. It may be they are unaware of the broader implications of their support for BDS and its intrinsic connection to anti-Zionism. At best, they are deeply misinformed; at worst, they are knowingly propagating harmful disinformation. BDS does not advance the cause of Palestinian development or peace—it perpetuates the dominance of totalitarian, terrorist organizations and sustains cycles of violence.

Ultimately, I envision both groups working towards a joint statement that calls for the release of hostages, the disarmament and surrender of Hamas, a commitment to deradicalization, and a shared effort to foster coexistence. More than anything, I want the Coop to return to being the enjoyable and productive community it once was, where mutual respect and collaboration thrive.

I am indebted to the Mosaic Magazine essay How the Incoming Administration Can Restore Jewish Civil Rights by Tal Fortgang for the ideas in this post.

The underscores in the quoted material are mine.