6 August 2001
 
ADC Investigates Alleged First Amendment Rights Violations

On Sunday, June 10, 2001, Arab Americans, Jewish Americans, African Americans, Muslim Americans and advocates of human rights and social justice took part in a demonstration calling for an end to the illegal occupation of Palestinian territories by Israel and supporting the Right of Return for Palestinian refugees. The demonstration took place in Brookline, Massachusetts, and a demonstration across the street, the Israel Independence Festival, dedicated to the 53rd anniversary of the establishment of the State of Israel was simultaneously taking place.

At the demonstration, more than 100 participants held signs, pictures and banners, chanted, and passed out leaflets protesting violence against Palestinians. Various reports allege that there was large police presence and that policemen were videotaping protesters from the Palestinian demonstration. Despite reports alleging that the demonstration was proceeding in a spirited and orderly manner, at approximately 2 pm, the Brookline Police allegedly intervened, and the protest was halted. According to sources, the police entered the demonstration without provocation and arrested one of the demonstrators who was leading the chants. This demonstrator was listed with the police as one of the organizers of the protest and had spent the entire day coordinating with police, as well as complying with their requests that the demonstration be across the street from the Israeli Independence Festival and that bullhorns not be used. After the demonstrator’s arrest, the police allegedly proceeded to break up the demonstration by confiscating banners and dispersing the crowd.

The American-Arab Anti-Discrimination Committee (ADC) Boston Chapter contacted the ADC national office in Washington, D.C. expressing its concern that the First Amendment rights of the Palestinian Rights demonstrators had been violated. To investigate the case, ADC sent one of its legal advisors, Carol F. Khawly, J.D., to Boston to meet with some of demonstrators. Ms. Khawly also met with the Legal Director of the American Civil Liberties Union (ACLU) of Massachusetts, Mr. John Reinstein. Ms. Khawly expressed ADC’s concern that action by the Brookline Police may have constituted a violation of the demonstrators’ First Amendment rights of freedom of speech and association and may have been a deliberate attempt to silence the pro-Palestinian community.

To further investigate the case, the ACLU and ADC sent a letter to the Brookline Police Department on July 3, 2001, requesting that ADC and the ACLU be permitted to examine specific public records of the Town of Brookline and the Brookline Police Department pursuant to Massachusetts Public Records Law, G.L. c. 66, Sec. 10. These records mainly include permits issued to the organizers of the Israel Independence Festival, as well as any correspondence or other communication concerning the festival or the Palestinian Rights’ protest. To this date, neither ADC nor the ACLU has received a response from the Brookline Police Department.

ADC urges all members and supporters of free speech and civil rights to contact Brookline Police Chief, Daniel O’Leary, and Brookline Town Administrator, Richard Kelliher, and urge them to comply with the ADC/ACLU request:

Daniel O’Leary 617-730-2249

Richard Kelliher 617-730-2210 rich_kelliher@town.brookline.ma.us

 

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