A California coffee shop was sued by the U.S. Department of Justice this week over allegations that its owners and staff discriminated against Jewish clients. The suit was filed Monday in the U.S. District Court for the Northern District of California.
According to the complaint, Michael Radice – a Jewish man who directs a nonprofit organization focused on helping incarcerated people and their families in Oakland, Calif. – visited the Jerusalem Coffee House in Oakland last June to view it for a fundraising event for his organization. This coffee house is located on the premises of the East Bay Community Space, where the event was to be held.
“Jerusalem Coffee House came out of a desire to create a cultural hub and haven in the spirit of the traditional coffee house – where Palestinian culture can seamlessly merge with elements cherished by local cultures, and where revolutionary thought and community can come together in an unassuming environment, in order to cultivate change in societies,” according to the store’s website.
Radice was wearing a hat with the Star of David on it, a Jewish symbol when he approached the shop for the first time. A man sitting at a sidewalk café in front of the coffee house asked “are you a Jew?” as Radice approached the establishment, per the complaint. He then allegedly asked Radice if he was a Zionist and then began shouting accusations at him.
These included accusations that Radice was complicit in Israel’s military actions against the Palestinian terrorist organization Hamas following its Oct. 7, 2023 attack on Israel. The man also yelled that Radice was guilty of “killing children,” the complaint said.
While Radice walked away from the establishment that day, he returned in August for the fundraiser and entered the café to purchase a cookie as a sign of goodwill. Although he was not wearing any clothing that identified him as Jewish upon his return, the same man recognized Radice and told him to leave the shop.
“You’re the guy with the hat. You’re the Jew. You’re the Zionist. We don’t want you in our coffee shop. Get out,” the man allegedly said. As Radice left the shop, the employee and Jerusalem Coffee House owner Fathi Abdulrahim Harara allegedly yelled “Jew” and “Zionist” at him.
Another incident from last October is also outlined in the complaint. Jonathan Hirsch, an Oakland resident, had lunch at Caspar’s hot dog stand with his 5-year-old son and then went across the street to the Jerusalem Coffee House to use the washroom (the hot dog stand doesn’t have restrooms) and to order a coffee – the complaint says that the coffee was never served although Hirsch paid for it.
Like Radice, Hirsch was wearing a hat with a Star of David on it. After using the washroom, Hirsch and his son sat at a table and began playing chess. However, Harara soon came up to their table and demanded to know if Hirsch was a Zionist and then demanded that he leave the coffee shop.
Harara then threatened to call the police, and Hirsch opted to stay at the establishment until they arrived. He explained that he was “unwilling to validate illegal discrimination by leaving the coffee house,” said the complaint. Upon arrival, officers did not arrest Hirsch (although Harara allegedly requested that they restrain him on the sidewalk in front of his son) and they said that no crime occurred and documented the situation as a hate incident. Harara also allegedly called Hirsch a “dog” and a “b***h” and also hurled profanity at Hirsch’s son.
“The lawsuit also alleges that, on the one-year anniversary of the Oct. 7, 2023, Hamas terrorist attacks on Israel, the Jerusalem Coffee House announced two new drinks: ‘Iced In Tea Fada,’ an apparent reference to ‘intifada,’ and ‘Sweet Sinwar,’ an apparent reference to Yahya Sinwar, the former leader of Hamas who orchestrated the attacks on Israel,” said the DOJ. It also alleges that red triangles painted on the establishment’s exterior are a symbol of violence against Jewish people.
Shortly after the menu was released last October, the San Francisco Standard interviewed Harara, who claimed that the names and Oct. 7 release date were not linked to Hamas’ attack on Israel, but the first anniversary of the business. It noted that the café’s Instagram account indicates that there was a soft opening in mid-September 2023 and grand-opening dates of Sept. 17, 2023, and Oct. 15, 2023.
Another report from the Standard includes video of Hirsch’s interactions with Harara last October.
“Harara did not comment for this story, but Hirsch’s attorney, Omer Wiczyk, said he was ‘pleased to learn about the Civil Rights Division’s decision to file suit against the coffee shop and its owner,’” that report said.
The DOJ said that the shop’s discrimination against Jewish customers is in violation of Title II of the Civil Rights Act of 1964.
Anti-Semitic incidents in the U.S. reached a record number last year with more than 9,000 reported across the country, according to the Anti-Defamation League. Over the past five years, these incidents have increased by 344% and by 893% over the past decade, the ADL said. Most of the 2,699 reported religious-based hate crimes reported by the Federal Bureau of Investigation in 2023 were driven by anti-Jewish bias, according to the bureau.
This year has already seen the tragic murder of two staff members of the Israeli Embassy in Washington. Last month, Audacy station 1010 WINS in New York also reported that Mayor Eric Adams announced the establishment of a new office that will work to fight antisemitism in NYC.
“It is illegal, intolerable, and reprehensible for any American business open to the public to refuse to serve Jewish customers,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division regarding the suit against Jerusalem Coffee House. “Through our vigorous enforcement of Title II of the Civil Rights Act and other laws prohibiting race and religious discrimination, the Justice Department is committed to combatting anti-Semitism and discrimination and protecting the civil rights of all Americans.”