Dept. of Justice sues Oakland coffee house alleging civil rights violation

DOJ sues Oakland coffee house for discrimination

The DOJ claims the actions of Jerusalem Coffee House and it's owner violate Title II of the Civil Rights Act.

OAKLAND, Calif. - The U.S. Justice Department announced on Monday that it filed a lawsuit against the owner of the Jerusalem Coffee House in Oakland, alleging that they discriminated against Jewish customers in violation of the Civil Rights Act.

The suit against Fathi Abdulrahim Harara and Native Grounds LLC was filed in  U.S. District Court for the Northern District of California, and alleges that on two separate occasions, the Palestinian-owned coffee shop owner refused to serve customers based on their religion.

Lawsuit claims actions were ‘illegal’

The DOJ claims Harara's actions violate Title II of the Civil Rights Act, and that Harara's refusal to serve Jewish customers was illegal.

This follows two lawsuits filed against the café earlier this year, including a lawsuit filed in March after Jonathan Hirsch walked into the cafe in October 2924 wearing a baseball cap with the Star of David and was told to get out. 

The DOJ's lawsuit also alleges that on the one-year anniversary of the Oct. 7, 2023, Hamas terrorist attacks on Israel, the Jerusalem Coffee House announced two new drinks: "Iced In Tea Fada," an apparent reference to "intifada," and "Sweet Sinwar," an apparent reference to Yahya Sinwar, the former leader of Hamas who orchestrated the attacks on Israel. 

The lawsuit also notes that the coffee house’s exterior side wall displayed inverted red triangles, a symbol of violence against Jews that has been spraypainted on Jewish homes and synagogues in antisemitic attacks.

Assistant Attorney General Harmeet Dhillon, also a former San Francisco attorney, said she was disappointed local authorities did not take action. "I'm particularly ashamed as a Bay Area former resident to see that this type of discrimination is flourishing in the Bay Area."

"What happened in the Jerusalem Coffee House was unamerican, illegal, and unacceptable," she added. 

What they're saying:

Hirsch is being represented by Omer Wiczyk, Senior Counsel of Louis D. Brandeis for Center for Human Rights Under Law in Washington, DC. 

"What happened to our client was abhorrent, clearly a violation of a law, and so we are happy that federal government is also stepping in and saying that people, no matter where you are, cannot refuse to serve Jews because they're Jews," said Wiczyk.

Wiczyk said there was no initial confrontation before his client was asked to leave with his young son.

"At no point was there a conversation about politics," he said. "The individuals that were thrown out of this establishment were thrown because they were Jews, not because of their positions on the war," he said.

In a separate incident, the Anti-Defamation League filed a lawsuit along with law firm Benesch against the owners and operators of Jerusalem Coffee House in February, stating Jewish customer Michael Radice was also denied service and harassed for wearing a baseball cap with a Star of David icon and the phrase "Am Yisrael Chai" — or "the people of Israel live." 

The other side:

Meanwhile, the attorney representing Harara, Glenn Katon, rejected all allegations of antisemitism and told KTVU no one was refused service.

"[The Star of David] is not religious garb like a yarmulke or a hijab," he said. "These are people who were going in to make a statement, I think, and frankly, to cause a disruption," said Katon.

He said Hirsch was entering the store with his hat on a mission to provoke people.

"He went into the back of the café and people complained that he was harassing them and making them feel uncomfortable, and that was the reason that Mr. Harara asked him to leave," said Katon.

Katon also said the altercation between Radice and Harara was peaceful, and said the two "literally shook hands."

DOJ says, 'if this is happening in other jurisdictions… we’ll be coming for them'

Dhillon told KTVU after the lawsuit was filed, the DOJ learned of more similar situations in other parts of the country.

"This is just one of the many fronts that we've opened up on the war on antisemitism in our country," she said. "I want everyone out there to be on notice that if this is happening in other jurisdictions and other states and cities, we'll be coming for them as well."

Meanwhile, Katon said this is a political move against Palestinians. 

"This is all part of a very obvious and concerted effort by the Trump administration to try and intimidate and punish people for speaking out against Israel," said Katon.

Harara and his attorneys have a couple of weeks before they need to formally submit their responses to the allegations.