Judge: Lawsuit Violates Washington Free Speech Protections
February 27, 2012 – Olympia, WA – In a landmark ruling, Judge Thomas McPhee has declared a lawsuit against the Olympia Food Coop illegal under Washington State law and awarded legal fees and sanctions to the defendants. Lawyers for the Olympia Food Co-op argued in court that a lawsuit brought against the store for its participation in a boycott of Israeli goods should be dismissed as illegal under Washington’s anti-SLAPP legislation.
Washington law forbids SLAPP (Strategic Lawsuits Against Public Participation), which target the right of free speech by forcing defendants into costly legal battles. Despite ultimately being found meritless, these suits make the exercise of constitutionally protected speech costly and difficult. “This ruling has huge implications for justice,” says Rochelle Gause, a board member and defendant in the lawsuit, adding “with growing awareness around this issue, the bullying and intimidation employed by those who defend Israeli Human Rights abuses at all costs is becoming less and less viable. Hopefully this judgment will open up the door for more businesses and organizations to heed the call and join this movement for human dignity.”
“We are pleased the Court found this case to be what it is – an attempt to chill free speech on a matter of public concern. This sends a message to those trying to silence support of Palestinian human rights to think twice before they bring a lawsuit,” said Maria LaHood, a senior staff attorney with the Center for Constitutional Rights.
Plaintiffs in the lawsuit, including several failed candidates for the board of directors, wrote that the coming suit was intended to hamper the Co-op’s ability to participate in the boycott of Israeli goods. The letter, dated May 31, 2011, states in part that “we will bring legal action against you,” and that the execution of the boycott would become “complicated, burdensome, and expensive.” In response, the board of directors reiterated that the proper process for overturning a boycott is a “member-initiated ballot”, and that the opponents of the boycott could put it to a vote of the membership, and Judge McPhee noted that the plaintiffs offered no evidence that they exhausted all manner of challenging boycott.
“The opponents of this boycott have had every opportunity to rescind the boycott using the fair and democratic process laid out in the Co-op bylaws,” says Johan Genberg, a longtime co-op member, adding “[The plaintiffs] wanted to punish the store for speaking out for social justice, but isn’t that exactly what makes the Olympia Food Co-op unique? The store reflects the values of this community.”
Farihan Bushnaq, a Co-op member since 1983 adds “as a Palestinian refugee and a member of the Olympia Co-op I wholeheartedly support the boycott, as a way to save Israel from its own excesses, and to end the continued dehumanization of the Palestinian people under Israeli control.”
Cezanne Murphy-Levesque says generally about boycotts that “I have an inherent desire to protect the human rights of all people, so I choose to participate. I believe I share this desire with most folks and this is why boycotts work.” Also, specifically about the current boycott: “I would like to see the Co-op do more to educate members and the greater community about past and current boycott participation. There is still a significant rift in the community regarding the Israeli product boycott. I think that the Co-op should consider another round of public meetings to keep the conversation going.”
Joshua Simpson has come out in strong support of the boycott, saying “I cannot think of a more peaceful way to oppose the occupation and oppression of the people of Palestine than continuing the current boycott” as an answer to our question.
Joseph Webster said in response to our question that “Any political entity guilty of injustice and oppression should be boycotted. In regard to the boycott of Israeli goods, I think the Co-op’s stand is correct because I do not think that any sane person on this planet would want to be treated as the Palestinians are, not even Israelis.”
Rob Richards was one of the board members who initially consented to institute the boycott, 
Allyson Ruppenthal has not made any statements on the boycott that we are aware of.
Keith M. Dublanica says in his statement in the Co-op newsletter that “I maintain concerns from issues with the boycott. I thought due process and appropriate communication to the membership was not visible.” Also, in a 
