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February 8, 2019

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PAGE 4A HERITAGE FLORIDA JEWISH NEWS, FEBRUARY 8, 2019 some movelT By Edwin Black demonstrate that universities must take such Initially, both UCLA and UCI administra- criminal conduct seriously." tions declined to refer the incidents to the (JNS)--Organizeddisruptors, bothstudents A spokesperson for Canary Mission, the police for investigation and prosecution. andnon-students, who shut down a pro-Israel anonymous online watchdog that closely This reinforcedthebeliefthatthepermissive gatheringatUniversityofCaliforniaLosAnge- monitored both cases, commented "this is environment on campus actually promoted leslastMaymightnotbeprosecuted, according not astrongenough response." harassment as a bizarre species of free to information from LA City Attorney Mike Justin Feldman, president of Students speech, Moreover, the legal system itself Feuer's office. Instead, they will be called to a Supporting Israel, himself victimized by the permits the universities to exercise broad confidentialbutmandatoryproceedingcalled harassment, agreed, Saying, "As one of the discretion, allowing them to simply look a "City Attorney Hearing," an alternative to proponents of the effort to hold disruptors the other way. California's unusual state prosecution that can be described as a"warn- accountableatUCLA, I amdeeply disappointed laws juridically enable the universities to ing" not to repeat the conduct, that such accused students will merely face a potentially create a double standard and One legal expert compared it as a"deferred 'slap on the wrist' for their deliberate miscon- promote unequal justice. The UC adminis- prosecution," but stressed a full trial could duct in silencing student voices on campus." tration can decide who shall be referred to still result. A bizarre species of free speech its own police force, and who shall be given Victims generally do not appear at such a Outrage first emerged after two separate a pass, or subjected to so-called "academic hearing, the City Attorney's office explained, but particularly belligerent disruptions of discipline." No referral to the police means and generally no criminal record getsattached pro-Israel UC student events in May 2018. On no referral to prosecutors. to the defendant Still, the prosecutor retains May 7, College Republicans at UCI, hosting 3~vo California statutes create the system. the right to issue charges later if he feels the Israeli reservists, saw their session shattered The California Education Code empowers illegal conduct has recurred or may recur, by a sudden invasion of bullhorn-wielding BDS UC officials to function as jurisdictions unto To the south of Los Angeles, newly installed advocates chanting anti-Israel slogans. A few themselves--as though theywere small cities. Orange County Prosecutor Todd Spitzer is still days later, on May 17, Students Supporting They can hire their own police departments undecided about prosecuting rambunctious Israel at UCLA sponsored an outreach panel and exercise discretion on police policy and disruptors of a pro-Israel event at University discussion with indigenous students only to conduct. Section 92600 states, "The Regents of California, Irvine, which also took place last have it violently shut down by nose-to-nose of the University of California are authorized May, according to official university sources. BDS harassment. Both dramatic disruptions andempoweredtoappointoneormorepersons Spitzer's office has asked for additional police were captured on viral video, to be members of the University of California investigation to develop more facts. For Jewish students and legal defense Police Department [and] are peace officers With or without actual prosecution, the groups, the two egregious incidents were UponthecampusesoftheUniversityofCalifor- two incidents and the Jewish community's the tipping point of campus harassment at niaand an areawithin one mile of the exterior response have potentially changed the land- UC schools. The consensus among Jewish boundaries of each thereof." scape for belligerent disruption of pro-Israel leadership and students was that the school Section 830.2 of the California Penal Code eventsonCaliforniacampuses, whichlastyear administrations had consciously created a states:"AmemberoftheUniversityofCalifornia arguably yielded some of the most pernicious permissive anti-Israel atmosphere so toxic Police Department, appointedpursuanttoSec- in the nation. Those involved in the two Call- that it virtually encouraged increasingly se- tion 92600 of the Education Code, is a peace fornia events--the affected students and the vere forms of anti-Israel harassment. At UCI, officer whose authority extends to any place Jewish communal groups who rose to invoke the video shows bull-horn disruption going in the state specified in Section 92600 of the prosecutions--expressed a range of reactions for several minutes as police and university Education Code." The law also vests campus as to whether justice has been minimally administrators watched, officers with "concurrent jurisdiction with obtained or seriously delayed. Disruption of public meetings explicitly local law enforcement agencies." StandWithUs and the Brandeis Center for violates California law. Three statutes pertain Within legal limits, UC police departments Human Rights pivotally intervened to jump- to this. function like a private force, answerable to start the criminal referral process on both Title 11, Sec. 403 concerns event disrup- the campus administration, which, in turn, UC campuses. Roz Rothstein, StandWithUs tion."Every person who willfully disturbs or often pivots on the dictates of the college's CEO, said "it shows good progress that the breaks up any assembly or meeting is guilty public affairs managers. If a university wants [Los Angeles] authorities are holding the of a misdemeanor." This was the very statute to downplayanincident, it can exercise discre- disruptors accountable for attempting to re- used to successfully prosecute and convict tion and instruct the police forces to overlook move the freedom of speech from those they the "Irvine-11." a disruption. If the police departments do not disagree with." Title 11, Sec. 415 involves disturbing the investigate and refer a case to prosecutors, no Alyza Lewin, president of the Louis D. peace. The statute calls for jail time for "any criminal action will be taken by prosecutors. Brandeis Center for Human Rights Under person who maliciously and willfully disturbs Observersbelieveabuiit-inconflictofinter- Law, added, "We are gratified by this devel- another person by loud and unreasonable est and system of unequal justice can emerge opment. At long last, the universities are noise." when publicity-shymedia-relationsmanagers holding responsible the perpetrators of these Title 11, Sec. 182, a conspiracy statute, can can give campus police their marching orders. egregious event disruptions. We trust this beinvokedwhen"twoormorepersonsconspire One Jewish organization president called will deter similar behavior in the future and to commit any crime." it "shameful," adding "UCLA is not acting 'neutrally' when it shields students from prosecution." Indeed, at UCLA, the campus administration officials were extremely sensitive to the adverse publicity attending the video of SSI students being harassed. Campus police referred all inquiries to UCLA Media Relations. When this reporter, first contacted Tad Tamberg, senior executive director of media relations at UCLA, he referred to a "Letter to the Editor" in the campus newspaper and declined to discuss the matter further or answer any questions. At one point when this reporter said, "May I ask a question?" Tamberg snapped back, "No, you may not." UCLA campus police, eager to address the offense, repeatedly and apologetically de- clined to answer any questions, stating they were under specific instructions from Media Relations to refuse to answer. This included even UCPD media spokesman. Ironically, the UCLA police manual mandates, in section 505 titled, "NEWS MEDIA," that "in accordance with department policy, employees shall make every effort to cooperate and assist members of the news media, using care to ensure that any release of information is not detrimental to the conduct of police operations." UCI had avery different response. Its media manager facilitated exploration of the criminal aspect of the incident and quickly assured its police department would investigate and refer the matter to prosecutors. The UCI investiga- tion is still underway. UCLA's refusal to refer its students for prosecution or even investigate the crime was thwarted when legal staff at StandWithUs and the Brandeis Center converged on the campus to walk students into the UCLA PD and UCI police stations to file criminal complaints. Filing those complaints forced the police to investigate and then refer the cases to prosecu- tors. Ultimately, that included both student and non-student participants. Whether or not the perpetrators at UCLA or UCI are prosecuted, a change at UC cam- puses may already be starting to take shape. In the days after Thanksgiving 2018, despite concerns, four lectures on Israel history at Cali- fornia campuses: UC Davis, UC Berkeley, San Francisco State, and UCLA successfully took place without any interference or disruption. The UCLA eventwas sponsored by a coalition of groups, including the same Students Sup- porting Israel chapter that had been harassed Pro-Israel on page 5A Why Israel needs the nation State Law By Mel Pearlman nation of the Jewish people in their historic homeland? On July 19, 2018, the Knesset, Israel's par- The answer lies in the fact that of all the liament passed what is known as a basic law, nations in the world, the existence of no other declaring that the State of Israel is the Nation nation state or identifiable ethnic people is State of the Jewish people, so vigorously challenged, so assiduously op- Why did a majority of the 120 members of posed, and whose survival is so aggressively the Knesset feel it necessary to memorialize threatened as the Jewish people and the Jewish in legislation that which was already declared State of Israel. more than 70 years earlier, when on May 14, No nation in the world has been more 1948, David Ben Gurion proclaimed the estab- criticized, de-legitimized or condemned by the lishment of the State of Israel as the sovereign United Nations in both the Security Council [THE VIEWS EXPRESSED ON THIS PAGE ARE NOT NECESSARILY THE VIEWS OF HERITAGE MANAGEMENT. ] x~,CENTRAL FLORIDA'SINDEPENDENTJEWISHVOICE * * * ISSN 0199-0721 Winner of 46 Press Awards LORIDA ;WISH NEWS HERITAGE Florida Jewish News (ISN 0199-0721) is published weekly for $37.95 per year to Florida ad- dresses ($46.95 for the rest of the U.S.) by HERITAGE Central Florida Jewish News, Inc 207 O'Brien Road, Suite 101, Fern Park, FL 32730. Periodicals postage paid at Fern Park and additional mailing offices. POSTMASTER: Send address changes and other correspondence to: HERITAGE, P.O. Box 300742, Fern Park, FL 32730. MAILING ADDRESS PHONE NUMBER P.O. Box 300742 (407) 834-8787 Fern Park, FL 32730 FAX (407) 831-0507 email: Editor/Publisher Jeffrey Gaeser Editor Emeritus Associate Editor News Editor Gene Starn Kim Fischer Christine DeSouza Society Editor Office Manager Gloria Yousha Paul~tte Alfonso Account Executives Kim Fischer Marci Gaes Contributing Columnists Jim Shipley Mel Pearlm~n David Bomstein Ed Ziegl~r Production Department David Lehman Gil Dombrcsky Joyce Gore and the General Assembly. These are the very international bodies that recognized the legitimacy of Israel's creation and welcomed the newly formed state into the community of nations as a full member. How did this come about? The answer can be found in Arab oil, Muslim extremism and the persistent, and apparently incurable disease of anti-Semitism and its current mutation, anti-Zionism. One would have thought that the slaughter of 6 million Jews during the Holocaust would have been a kind of final catharsis for chronic and historical hatred of Jews; that somehow the wide-spread blood-letting would have made humanity see both the evil and futility of ir- rational hatred toward Jews; and would have opened the eyes of the people of the world to the great treasure that the Jewish people are and historically have been to all of humanity. Unfortunately, that was not to be. Anti- Semitism is once again rampant throughout the world. Even in the enlightened societies of Western Europe and the United States, armed guards are needed for security at Jewish schools and houses of worship. Ironically, groups in these enlightened soci- eties, who consider themselves oppressed, find time to promote hatred of and separation from Jews, who traditionally have always been on the front lines fighting for equality and justice for the very folks who now disavow Jewish support under the guise of anti-Zionism. So more than 70 years after the re-estab- lishment of the commonwealth of Israel, the world not only questions the legitimacy of the Jewish State as the homeland of the Jewish people, but passively and in many cases actively, accepts the objectives of the Arabs and Muslim extremists to either physically destroy the Jewish State or deny its ethnic, cultural and national identitywith the nonsensical concept that Israel cannot be Jewish and democratic at the same time. These are the questions I am left with. Can England be English and democratic? Can France be French and democratic? Can Italy be Italian and democratic? Can Ireland be Irish and democratic? If the answer to these questions is yes, then the only correct answer is also yes for the people who accepted the law handed down at Sinai that has become the fundamental law of all western civilization. Israel is and cannot be anything but Jewish and democratic. The Nation State Law was passed by the democratically elected Knesset because the world has yet to accept the legitimacy of the indigenous and sovereign Jewish people resid- ing in their historical homeland. It is that failure that created the necessity for this legislation; to put the world on notice of the permanency of the sovereignty of the Jewish People and the State of Israel as both a Jewish and democratic state. In you wish to comment or respond you can reach me at melpearlman322@gmail. com. Please do so in a rational, thoughtful, respectful and civil manner. Shabbat Shalom and Happy New Year! Mel Pearlman holds B.S. & 31.8. degrees in physics as well as a J.D. degree and initially came to Florida in 1966 to work on the Gemini and Apollo space programs. He has practiced law in Central Florida since 1972. He has served as president of the Jewish Federation of Greater Orlando; was a charter board member, first Vice President and pro-bono legal coun- sel of the Holocaust Memorial Resource and Education Center of Central Florida, as well as holding many other comm unity leadership positions.