In a major setback to the BDS campaign, the Washington State Supreme court reversed a lower court’s ruling yesterday and struck down the state’s anti-SLAPP statute as unconstitutional. Olympia co-op notifies its customers of its boycott of Israeli products The Olympia Food Co-op, based in Olympia, Washington, provides “wholesome foods and other goods and services . . . through a locally oriented, collectively managed, not-for-profit cooperative organization that relies on consensus decision making.” In 2011, the Olympia Food Co-op’s board of directors initiated a boycott of Israeli products, without consulting with all members of the co-op. Five co-op members (the plaintiffs), initiated a lawsuit against the co-op (the defendants), accusing the store of unlawfully adopting the boycott measures in violation of its own bylaws. The defendants alleged that this lawsuit violated the Washington State anti-SLAPP statute, a tool used by many states to limit frivolous lawsuits against protected speech. The Thurston County Superior Court agreed, claiming the state’s anti-SLAPP statute had protected the Olympia Food Co-op from lawsuits against it over its boycott of Israeli products. The Superior Court ruling not only dismissed the plaintiffs’ claim, but also assessed a $232,000 fee against the plaintiffs in accordance with Washington’s anti-SLAPP statute. What is an anti-SLAPP (Strategic Lawsuit Against Public Participation) statute?Anti-SLAPP statutes are instituted to prevent lawsuits being brought primarily to chill the valid exercise of the constitutional rights of freedom of speech. Under Washington’s anti-SLAPP statute, a plaintiff is required “to establish by clear and convincing evidence a probability of prevailing on the claim.” While nearly every state has its own anti-SLAPP statute, Washington’s version was particularly limiting. In fact, unconstitutionally so. The Supreme Court of Washington struck down the state’s anti-SLAPP statute, holding that it violates the state’s constitutional right to a jury trial. The plaintiffs can now proceed with their lawsuit against the co-op’s board members over their 2011 decision to boycott Israel.