A Texas teacher sued the state after being fired for refusing to sign a pro-Israel contract
S E E D E D C O N T E N T
newsweek.com
A Texas teacher sued the state after being fired for refusing to sign a pro-Israel contract
A Texas school district fired a children's speech pathologist who declined to sign a document requiring she refuse to boycott Israel, according to a lawsuit filed Sunday.
Bahia Amawi, who had taught at the school district for nine years, was given a new contract in September. The document required her to affirm "that she does not currently boycott Israel and will not boycott Israel during the term of the contract." When she declined to sign, she "was forced to terminate her contractual relationship with the school district."
"I couldn’t in good conscience do that. If I did, I would not only be betraying Palestinians suffering under an occupation that I believe is unjust and thus, become complicit in their repression, but I’d also be betraying my fellow Americans by enabling violations of our constitutional rights to free speech and to protest peacefully," she said, according to The Intercept.
In May 2017, Texas became the 17th state to prohibit contractors from supporting a boycott of Israel.
"Pflugerville [Independent School District] has learned of a lawsuit filed in federal district court by a former contractor claiming a violation of her First and Fourteenth Amendment rights. The District cannot address the specifics of pending litigation; however, PfISD followed state law (Chapter 2270 of the Texas Government Code), which does not allow school districts to hire a contractor unless the contract contains a written verification that the contractor does not boycott Israel and will not boycott Israel during the term of the contract. The plaintiff did not agree to the contract as written; therefore, it was unable to be executed in accordance with Texas law," Tamra Spence, a communications officer for the school district, told Newsweek.
Peace activists wave a Palestinian flag during a protest near the southern Israeli kibbutz of Nahal Oz near the border with the Gaza Strip on October 5. JACK GUEZ/AFP/Getty Images
Twenty-six states now have such legislation. Last year, a Kansas constractor sued the state after she was was not able to get a contract because she refused to say she wouldn't boycott Israel. The state later amended its legislation and the suit was dismissed, according to the JTA.
Another measure to oppose boycotts of Israel, led in the Senate by Maryland Senator Ben Cardin, is taking place at the national level, although in varied form.
The Israel Anti-Boycott Act, which was first introduced in 2017, aims to "amend the Export Administration Act," two people familiar with the legislation told Newsweek. "This bill updates 40-year-old law that applied to only countries and extends it to international governmental organizations," they said, adding that the legislation would to address commercial speech and individuals acting in official capacity "in contravention of foreign policy."
They said the bill would not apply to personal statements made in a non-official manner and "had nothing to do" with the legislation promoted by states. They said it addressed free speech concerns and would apply not just to Israel but to support for international boycotts of other U.S. allies.
The bill was drafted in response to the 2016 vote by the UN Human Rights Council to create a database naming companies that conduct business in the Palestinian territories
The proposed legislation has faced opposition from legal organizations like the ACLU, which objected to the minimum civil penalty of $250,000 and maximum criminal penalty of $1 million and 20 years in jail for offenders initially in the proposed bill. The legal organization criticized revisions to the bill introduced earlier this year, noting that the altered legislation still permitted criminal financial penalties for boycotts.
"You’re talking about First Amendment protected activities," ACLU Legislative and Advocacy Counsel Manar Waheed told Newsweek. "Any penalty violates the First Amendment, and you’re telling people that they can't engage in protest and boycott."
The bill has since removed the provision for jail time but maintained the possibility of monetary penalties. The ACLU said that a revised version of the bill still allowed for violators to be fined $1 million in criminal penalties.
"While Hill offices claim the First Amendment concerns have been resolved, and potential jail time has indeed been eliminated as a possible punishment, the bill actually does nothing to cure its free speech problems," the ACLU wrote.
Waheed said legislation to address protests of Israel has increased recently, adding that as more people vocalize criticism of the state, attempts to pass legislation muting those opinions become more concerted.
"The louder opposition [to Israel] gets, the more efforts to silence those voices are pushed forward," she said.
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I think it is very wrong to boycott Israel, because a worldwide boycott is an existential threat to a small country like Israel, but I don't know about forcing individuals to agree not to boycott or lose their jobs.
If seems to me that if it violates the personal freedoms of Americans to have opinions, then it's unconstitutional.
So long as she is not expressing her opinion on the job it shouldn't matter. It is not against the law to boycott Israel.
If she is not expressing her opinions on the job and indoctrinating kids to her beliefs it shouldn't matter. I could see if she was an outspoken activist outside of the classroom; and in the local or national spotlight the district/state having and issue. That could have influence on kids that she teaches also. But if it is a private boycott of Israeli products how are they ever going to enforce it; much the less prove she is in violation of it?
Why is the state of Texas telling it's employees what causes they have to support, or not support? It hardly sounds like their role.
This borders on treason because no citizen can ever be forced to sign a pledge of support of another country.
Do you know why Isreal doesn't want to be the 51st state? Because they would only be represented by 2 senators instead of 40+!
Why single out only Texas? Per your seeded article, twenty-five other states have the same law.
Anti-Semitism is not against the law.
How many times have we read on here that Nazis in this country have a right to their opinions?
The actions of the political state of Israel are not the same as the support of equal rights for Jewish people. Not all Jews support the actions of the Israeli government. Netanyahu is not popular among his own people.
An equal analogy would be did Nazi Germany represent all white people?
So basically if you're a contractor that doesn't agree with Israeli policies, and you don;t want to say "I won't boycott Israel" you're shit out of luck in getting any work.
I guess Texas doesn't have a First Amendment
Why is the State of Texas mandating support for another sovereign country? There is obviously also a free speech aspect as well as a political endorsement.
That's really funny coming from Texas......
I can hardly believe it myself but I just voted you up.
You mean like the blood libel against George Soros having been a Nazi collaborator as a 15 y.o. boy in Hungary? That kind of vicious anti-semitism?
Look, let's state the obvious.
I am sure she knew that she could express her opinions outside of the classroom. She refused to sign it because she supports BDS and wanted to make a case out of it. Now she has one.
Do you believe that Texas or Israel is progressive?
Now I know you're joking
You mean she was expressing it in her job as a teacher to her students?
You left out bullshit.
Did this teacher do something illegal, inappropriate or unethical in her job as a teacher?
The situation would be infinitely better if Lockhart was in a state that wasn't quite as regressive.
Because the teacher is from Texas and the article is about Texas.
That prize goes to Iowa for the largest bull in the USA.
Then there's Knickers the largest bull in the world down in Australia, appears to have a hormone issue and just keeps growing ( and shitting).
I can see a state (for example Texas) deciding that it will not do business with companies that boycott Israel. It is certainly a political decision, but is one that actually potentially effects the strength of the boycott.
But a teacher is not a company, it is an individual. I don't think it would necessarily be right either for a state to tell a company that every one of your individual employees must sign a paper saying that they will not personally support BDS. It goes against individual freedom of speech.
I don't see anything about in or out of the classroom . It says "she does not currently boycott Israel and will not boycott Israel "
I am somewhat going to change my mind about this story, having now partially read the lawsuit. It seems the teacher acts as an individual contractor and could be described as an entity or company doing business with the state of Texas. I do think it is fair for a state to deny state business to a company for 'political' reasons, if that is what the representatives of the state legislature choose to do.
I don't think an individual teacher should be equated to a company , but it appears that might be the case here.
If she's a 1099 "employee", she is considered a contractor.
and I doubt that she, as such, works for the state.
I'm confused by certain aspects of Texas law.
Everywhere I travel in Texas I see Independent School Districts.
By definition
Pflugerville is and Independent School District.
How about this?
Lets repeat that
Amawi would be perfectly free to engage in any political activism against her own country, participate in an economic boycott of any state or city within the U.S., or work against the policies of any other government in the world—except Israel.
That is beyond the pale, and unconstitutional.
It's a shame that religion affects our common sense to the point that 26 states have passed similar laws and Congress continues to try to pass similar laws.
Morning Split..Errr no that is not quite right re Knickers....The Canadians have a bull bigger than Knickers..He is called Dozer and he stands 2.5 cm taller than Knickers....
I agree that the situation seems to be unfair to her and to individuals.
I do think though that U.S. states should have the right to reject business from companies based on political considerations. For example, certain states did not do business with South Africa when it was under apartheid I believe.
I just don't think it should apply to individuals.
Nice try, but the article also states that more than 2 dozen states have the same law. Period. Full stop.
Who is stating that those other states policies are correct?
I dont care how many other states have it. The article is about Texas. If that bothers you feel free to not comment on the seed.
Hey if i can't find it on the internet it doesn't exist , lol
Ok found one that says Dozer could be....
Butt, then, when was the last time Knickers was measured?
NT, get smarter here... lol.
next project, centimeters
Maybe, maybe not, but definitely the most massive bullshit.
Now there's that massive bullshit TX is so famous for. Well done.
First, she's not a teacher. Second, it's not a matter of expressing opinion. They're making her sign a corporate agreement.
The law itself does not apply to individuals.
Nobody HAS to agree with Israeli policies, but they do have to obey their own local laws. Your comment tries to twist those things together - unsuccessfully, I might add.
Your comment would do well in a stand-up comedy routine - the Catskills would be a good place to start.
In the Borscht belt?
I hear and read a lot of hype about Aaron Franklin but I'd need to try the brisket at Smitties or Blacks BBQ in Lockhart first.
Oh, come on Trout. I know YOU know better than that. It doesn't prevent her from working, it only prevents her from working under a government contract.
I once ate brisket in a Fort Worth restaurant that was the tenderest tastiest brisket I ever had in my life, and my mother and my ex-wife prepared incredible brisket one could cut with a fork.
You don't like borscht?
LOL. Somebody has never had Julia's borsh.
Yes borsh.
I don't care what the dictionary says. Julia spells it borsh, therefore it's borsh.
When somebody at the dictionary office can make it better than her, then they can spell it any way the want.
LOL
Not especially.
I used to dislike it. Then one day I had some that was prepared correctly. New attitude about it now.
You're probably not used to it. My paternal ancestry is Russian and maternal is Ukrainian so it wasn't an uncommon soup in my case.
You can keep your brisket. I like ribs. And you have to go to East of the Red River to find good ribs
Sorry but the best beef comes from Montana. I did live in Texas for 6 and 1/2 years
Buzz, I have nothing against Israelis. I just don't particularly care for some of Israel's policies (re: Netanyahu). I also think this law violates an individual's First Amendment rights.
I would try borscht if someone offered it to me. I like beets. Well, pickled beets
There are many Israelis who feel the same as you - you should subscribe to Ha'aretz to keep up with their dissent. My concern is that if Israel doesn't have a strong leader whose policies are focused on the defence of Israel and its peoples, there will no longer be an Israel. Put a wimpy leader there and since the Arabs only respect strength, their intention to destroy Israel will prevail. Just look at a map of the Middle East, and see if you can even FIND Israel in the midst of the Muslim/Arab world that despises and wishes to rid itself of Israel as if it was, as Khameini calls it, a cancer.
But I don't see Netanyahu as just a strong leader, he is strong, there's no denying that. There's something about him I can't quite put my finger on, but I think he has hate in his heart.
Golda Meir was a strong leader and she did great things for Israel. And there was another strong leader back in the 80's (cannot remember his name) who assassinated because he tried to make peace in Israel with Arafat (?) or was it Anwar Sadat? He also did great things for Israel.
Was his name Menachim Begin?
I have a Polish friend who makes borscht. I thought it was horrible! But then, I'm not a huge fan of pickled stuff. Or beets, for that matter! I'll probably try it again on Christmas Eve at their party, though ... after he makes me down a few shots of his Polish vodka.
They have it much better the way it is
welcome back
Good to see you!
In my experience, that happens to be the problem, right there.
My maternal grandfather made it the Russian way and maternal grandmother made it the Polish way...pretty much the Russian way. Mainly, beets were used a lot. I would say, even the main ingredient.
I can't speak for all Ukrainian borsh recipes but the ones I am familiar are mainly a beef stew with potatoes, carrots, parsley, and other tasty veggies. Sometimes some shredded pieces of beets and sometimes not. This is how the river girls down in the south of the country make it.
The first time i described my understanding of borsh I got these stares like I had 3 heads. Now I know better.
I wonder why, if you feel so strongly about that, you aren't in Israel on the front lines, so to speak.
You really don't think this contract is legal, do you? It would be analogous to requiring Catholics to sign a contract that prevented them from supporting Ireland in the Brexit deal because England is pissed off at the Irish position.
But you wouldn't suggest he's a joke, right?
Sounds like white borsh, much better than pickled beets.
I like both.
The first sentence of the article:
Speech pathologists are not teachers.
Exceedingly fair question.
It was Yitzchak Rabin. It would only be a dream to think that even GOD could have made Arafat or any Palestinian leader come to terms with Israel when underlying is the Palestinian dream for the removal of Jews from Israel - otherwise why would they have already declared that when the Palestinian territories become a State it will be JUDENREIN. And if you don't know what Judenrein means, look back at what Hitler tried to do. Hamas may well become the power in the West Bank, and do you really believe that Hamas has any intention at all to remove its clause from its declaration to "free Palestine from the river to the sea" which means eradicate the Jews from Israel. The 95% of their requirements and even the 97% of their requirements that the Palestinians were offered were not good enough for the Palestinians so how can anyone be so naive to think they want peace with Israel? The sticker is that they will not negotiate, and the right of the Palestinians to return to Israel (which due to Israel being a true democracy will be the end of Israel being a Jewish State) and refusal to accept Israel as being a Jewish State will NEVER change so there will never be peace. Any Palestinians who seek normalization with the Israelis are criticized by the Arabs at best, or imprisoned just like the journalists who have the NERVE to criticize the dictates of the Palestinian Authority. There are other solutions, and IMO the Jordan Option would be acceptable.
Your comments REEK of hatred, if not for what I stand for, then just for me.
I knew I got it wrong.
Buzz, I really have nothing here since I don't know the whole story. I do want Israel to succeed as a nation and I would really love peace in the Middle East.
I have a rich fantasy life.
Good talk
"This borders on treason ..."
Don't get hysterical. She wasn't being asked to do anything. She was asked to refrain from some bigotry. However, she valued her bigotry over her job.
Oddly enough, the statute actually says nothing about individuals. It clearly states "company".
The statute is more than a little batshit crazy, IMO. But they didn't ask me.
interesting...
I actually consult on compensation and compliance for a living. I am familiar with the statute in question.
The contractor vs employee thing will largely hinge on how much control the ISD exercises over her schedule and location. If she's 9-5 every day working on campus or rotating from campus to campus with a set schedule, then she's an employee and Pflugerville is more than a little screwed. Everybody currently under such an arrangement is going to be declared an employee, PISD is going to owe back payroll taxes on them going back up to three years, plus possibly a 100% penalty.
That seems unlikely, but you never know, because people running school districts are almost never trained in any aspect of business or compliance.
A more likely scenario, IMO, is that she's provided in-home services that she schedules with individual clients and then just bills the district for her hours. In that case she could certainly be a contractor.
The headline is a lie. She was asked to be a little less antisemitic. The horror.
As a practical matter boycotts usually don't work. OTOH, it did with South Africa over apartheid. And this issue is not altogether different from that.
We have free speech for a reason. There are many issues where someone's deeply held beliefs are considered hateful by others. The BDS movement is a good example. Some see it as supportive of Palestinians. Some see it as an anti-semitic hate movement against Israel. You could just as easily hire someone with reverse views.
Omigod....I must have gone into one of the multiverses where I start agreeing with people like Tacos and Ronin?
It is Taco Tuesday, after all.
Yeah, but for both Tacos and Ronin to get it right for once and at the same time is amazing?
Seems to me this is something that should be challenged in court to determine its constitutionality.
A state should not be mandating support of a sovereign country or deciding what political views are permitted among civil servants. There are multiple First Amendment issues (freedom of speech and assembly) involved.
not just civil servants but any contractors or vendors and their employees who have agreed to deal with theses 26 states and all cities and municipalities therein.
I'm surprised that this issue hasn't seen the inside of a courtroom before now.
She's not a civil servant. She's a private contractor.
Not civil servants. Not employees. Here is the text:
This "contract" is a politically motivated stunt by the government. It is illegal and unenforceable. She will win this suit. Not only does it violate her right of free association (first amendment) but it also infringes on her right to conduct lawful business not having anything to do with her school contract. This is the kind of muffling that rightwing politicians (and their flying monkeys0 always blame on liberals and is really perpetrated by, you guessed it, rightwingers. Voter fraud is one of the other more egregious examples of this colossal hypocrisy and general scumbaggery.
I think you mean "statute". There is no contract. That's the point.
Quite possibly. It's certainly moronic. We'll see as it works its way through the courts.
Possibly. She may win it quickly on the grounds that she's not a company.
Highly doubtful.
You're speaking about her as an individual. She lost the contract as a company. That's where the legal issue will be decided, IMO.
You're babbling incoherently now. Take a deep breath.
Exactly how can Texas teachers be both State employees with a no strike clause and a State pension
and still be a 1099 contractor?
That seems to be a huge contradiction of terms.
Regular teachers sign either probationary contract, continuing contracts or term contracts annually or biannually.
It was enacted in 2017
The title of this seed refers to the contract created by the legislation, does it not? Now who's babbling?
That's complete bullshit but hilarious, but not surprising, that you'd try to get away with it:
She's not a teacher.
No. They are not. They are w-2 employees.
This woman was not a teacher.
Read more than the title.
Still you.
And I guess she's not actually a teacher but a speech pathologists. All of which makes no difference to the illegality of these laws.
Ah. Finally read the article, I see.
Of course it does. I can explain why, but before I go to the trouble, are you actually want to learn something or are you still just trolling?
What happened to your "she's a contractor" not a school employee? Make up your mind. Oh, and the contract was created by a statute. There certainly is a contract which she refused to sign which led to being denied work. What's with this persistent word-game thing with you?
I'm still waiting for you to land on "teacher" vs "contractor. "
Well done!!!
Does Israel have a law prohibiting it's citizens from boycotting the USA?
Has there ever been an example of Israel or Jewish Israelis boycotting the USA? Seems that the Palestinians have, especially since the USA moved its embassy to Jerusalem.
Gee, I wonder why (and obviously you don't).
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Oh, I see you, now. It's that Armageddon bullshit. I'll let you in on a little secret: Israel is onto why certain evangelicals are so "supportive." Let's just say it welcomes the money and political support and it isn't fooled by any of it. And, if there's any signs of that sort actually trying to "nudge" this religious nuttery along you can be sure there's a plan for that.