It’s been a rough year for the American Studies Association (“ASA”), legally speaking.

Earlier this week, a lawsuit was filed in New York State Court against the New York Metro chapter of the ASA, alleging “unlawful discrimination under the New York City and State Human Rights Laws,” in relation to the ASA’s boycott of Israeli academic institutions.

(Source: en.wikipedia.org)

(Source: en.wikipedia.org)

In 2013, the ASA issued a boycott of Israeli academic institutions. The complaint was filed by New York attorney David Abrams, on behalf of plaintiff, Athenaeum Blue & White (“Athaneum”), a not-for-profit Israeli education organization with a principle place of business in New York. The complaint alleges that the plaintiff is barred from joining the ASA as an institutional member based on its Israeli national origin. Athaneum, according to the complaint, “is an organization which would [be] eligible for membership in the [ASA] but for their anti-Israel boycott.” The ASA is hence violating the New York City and State Human Rights Laws, as it is discriminating against the Plaintiff on the grounds of national origin.

This is the second lawsuit filed against the ASA in a matter of months.

In April, the Brandeis Center, along with prominent litigators at Marcus & Auerbach and Barnes & Thornburg, filed suit against the ASA for its unlawful boycott of Israel, on behalf of four distinguished American Studies professors.

The Brandeis Center’s clients, well-known academics in the field of American Studies, filed suit “to restore the ASA to its stated mission.” The professors wrote about how, over the past few years, the ASA “has been diverted from its scholarly mission —promoting the study of American culture—to a political one, by leaders seeking to turn the ASA into an organization that advocates for social change far beyond American borders, and with an unwavering focus on delegitimizing Israel.”

As LDB President Kenneth L. Marcus explained in Newsweek, “At the time the boycott was initiated, ASA’s constitution clearly stated that ‘[t]he object of the association [is] the promotion of the study of American culture through the encouragement of research, teaching, publication…about American culture in all its diversity and complexity.’ According to the American Studies professors, for 60 years, ASA has been an association focused on American Studies. It is not a social justice organization, nor is it a foreign policy organization. Indeed, according to the professors, boycotting a foreign nation has absolutely nothing to do with ASA’s mission and is therefore illegal.”

Although the Brandeis Center’s lawsuit is still in the early phases, it has already been credited in part with the dramatic defeat of a resolution calling for the American Anthropological Association (AAA) to boycott Israeli academic institutions, suggesting that the case will have a profound impact in future BDS decisions.

As demonstrated by these two recent lawsuits against the ASA, significant potential legal options aside from legislation that can be utilized to combat BDS, and unlawfully boycotting Israel can lead to repercussions.

Mark Bloome, the Seattle-based, national and local Jewish community leader and strategist, has become an expert at coalition-building and finding innovative ways to fight the Boycotts, Divestment, and Sanctions movement (BDS) against Israel and its anti-Semitism on a national basis.

Community Leader Mark Bloome (Photo courtesy of Mark Bloome)

Community Leader Mark Bloome (Photo courtesy of Mark Bloome)

Mark has tirelessly advocated for the Jewish community for over 35 years. For the past six years, he has focused his efforts on combatting the resurgence of anti-Semitism. Why this focus?

Mark recognized that as BDS began to spread and gain force, it was going to be a highly dangerous and damaging movement. As a poet with an excellent grasp of prose, and trained in business and in depth human motivational systems, Mark realized that the anti-Israel BDS advocates were on top of their game, using all types of words that were emotional – words used to move people. They were using extraordinarily deceptive language that framed their issue in terms of human rights, but that was laced with both overt and covert anti-Semitism. It became clear to Mark that it was not only the State of Israel, but also the Jewish people, who were being delegitimized by BDS advocates, and that violence and racial-type intimidations of Jewish students were already spreading to elite campuses in the U.S. Since Mark’s first realization six years ago of the dangers of BDS, the situation has gotten worse.

“In order to prevail over BDS and the rising forces of anti-Semitism,” says Mark, “we need to have a united Jewish community. To do so requires coalition-building, which requires a subordination of organizational and personal egos to achieve victory over those who hate Jews. In coalition-building, you need resources, both human and financial capital, especially to combat the resource-rich BDS.” He added, “the rifts in the Jewish community over Israel would otherwise tear us apart. We must work together.”

In building a coalition, Mark says you have to listen carefully to the intended goals of each individual group, as well as the reasons behind those goals. Then, you must find common ground, and conduct diplomatic constructive work to bring different parties into alignment, which might result in an evolved and better goal, or as Mark says, “the metamorphosis of the collective mind.” But to do that, different groups must start off with the desire to work together.

Mark is working to curb the problem before it gets worse. One of the countermeasures that Mark believes has potential to reduce the current vivid anti-Semitism on many of our U.S. campuses, is to define anti-Semitism. We must define anti-Semitism at both the university and government levels, so that university administrators and government officials can properly identify and treat anti-Semitism just as seriously as any other form of hate or bias. Mark has determined that being part of, and building, coalitions of Jewish organizations with similar goals and the capacity and willingness to work with others, is the best way to achieve success.

“Just as other minorities on campus are able to state what is racist from their point of view, Jews need the same equivalency,” says Mark. In defining anti-Semitism, Mark believes that the Jewish community needs to define anti-Semitism from its own collective point of view. This common perspective then needs to be shared with all institutions that deal with protecting people from discrimination, Marks says, and Jewish students on American college campuses must be afforded the same protections as African Americans, Muslims, the LGBT community, etc., which is not currently the case.

A few years ago, Mark became familiar with the work of the Brandeis Center, which was already engaged in efforts to adopt a uniform definition of anti-Semitism, and met Brandeis Center President Kenneth L. Marcus. Mark recognized that Ken possessed the unique professional and personal capacities necessary for achieving what Mark wished to accomplish. Both men understood the problem, shared similar goals, and worked well together.

“Mark has been very involved in behind-the-scenes efforts to build coalitions and influence public policy,” says Marcus, a colleague and friend of Mark. “He has a unique way of ensuring cooperation among different organizations with similar goals. He is selfless about giving credit, and passionate about making change.”