CAIR Files Motion to Enjoin Texas Anti-BDS Act as Unconstitutional

Bahia Amawi takes next step in First Amendment lawsuit to remove “No Boycott of Israel” clauses from Texas contracts.

(WASHINGTON, D.C., 12/21/2018) –The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today announced the filing of a Motion for a Preliminary Injunction in Bahia Amawi’s First Amendment case against Texas. 

SEE: CAIR’S Preliminary Injunction Motion

The preliminary injunction seeks to declare H.B. 89, Texas’s Anti-BDS Act, facially unconstitutional under the First Amendment.  Striking down the law would remove the “No Boycott of Israel” clause from all state contracts and enable Bahia Amawi to resume her speech language pathologist work helping children in the Pflugerville Independent School District.

SEE: CAIR to Announce Major First Amendment Challenge to Texas Anti-BDS Law

SEE: CAIR’S Lawsuit

“As an advocate for Palestinian human rights and justice, I cannot certify that I do not boycott Israel, will not boycott Israel, or will not take action intended to inflict economic harm on Israel,” wrote Amawi in a sworn declaration to the court.  “I refused to sign the addendum because I do not understand why my political protest against Israeli oppression has anything to do with my work as a speech language pathologist for a Texas school district.”

“We are proud to represent Bahia Amawi in standing up for free speech and the U.S. Constitution,” said CAIR Senior Litigation Attorney Gadeir Abbas.

“Supreme Court precedent is clear,” said CAIR Trial Attorney Carolyn Homer.  “Texas cannot require Bahia Amawi, or any contractor, to give up their First Amendment right to boycott as a condition of receiving state funds.”

Since CAIR announced Amawi’s lawsuit on Monday, her case has garnered widespread national and international media attention.  The Intercept video telling her story has been viewed more than 2 million views on social media.

SEE: Intercept Video of Bahia Amawi

Anti-BDS laws like Texas’s exist in 25 other states. 

CAIR is requesting those asked to sign a “No Boycott of Israel” clause to please contact CAIR’s Civil Rights Department through https://www.cair.com/report, or by emailing civilrights@cair.com 

CAIR is America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.

La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.

 

END

CONTACT: CAIR National Litigation Director Lena Masri, lmasri@cair.com, 202-742-6420; CAIR Senior Litigation Attorney Gadeir Abbas, gAbbas@cair.com, 720-251-0425; CAIR Trial Attorney Carolyn Homer, cHomer@cair.com, 202-516-4724.


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  • David Remer
    commented 2019-01-21 12:04:08 -0500 · Flag
    I commend CAIR’s taking up this suit on Bahia Amawi’s behalf. Thank you for standing up for all of us who respect and defend the 1st Amendment to the U.S. Constitution.