By Eugene Volokh
Copyright reason
On August 3, 2024, Radice returned to the East Bay Community Space to attend the fundraiser for his organization. Before doing so, “he entered the coffee shop to purchase a cookie, which he hoped would be seen as a sign of goodwill.” He was not wearing the baseball cap he had worn previously. Behind the counter were Harara, the man Radice had previously encountered, and a third employee. Before Radice could place his order, the man from the prior encounter stated, “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.”
Harara asked Radice if he intended to purchase anything and Radice responded that he was only there to make a purchase. According to the complaint, “[o]ne of the employees responded by telling Mr. Radice to ‘get out’ and gestured to the front door. Mr. Radice immediately left the coffee house.” “Harara and the two other employees followed Mr. Radice outside, yelling ‘Jew’ and ‘Zionist’ at him. Mr. Radice retreated north on Telegraph Avenue towards 55th Street. When he saw that Harara and the employees were continuing to pursue him, Mr. Radice stepped into the middle of 55th Street and behind a parked car to escape the men.” The complaint alleges that “Harara and his employees continued to yell insults and epithets at Mr. Radice, which did not end until Mr. Radice and the board member entered EBCS.”
On October 26, 2024, Jonathan Hirsch—who is Jewish—took his five-year-old son to lunch at a hot dog stand located across the street from the coffee house in Oakland. Hirsch was wearing a blue baseball cap with a white Star of David on it. Hirsch’s son needed to use the bathroom, and as the hot dog stand does not have bathrooms, staff directed Hirsch to the coffee house. Hirsch was not aware of the previous incidents involving Radice. Hirsch and his son entered the coffee house, Hirsch ordered a coffee, and they then went to the back of the coffee house to use the bathroom. The employee who served Hirsch was not Harara.
According to the complaint, “After using the bathroom, Mr. Hirsch and his son sat down at a table with a chess board in the back of the coffee house and began playing chess.” Within minutes, Harara “confronted” Hirsch, demanded to know whether Hirsch was a “Zionist” and whether he was wearing a “Jewish star,” and then demanded that Hirsch and his son leave the premises. “At no time while in the coffee house did Mr. Hirsch say anything that would indicate his political beliefs or positions on any issue, including Israel.”
Hirsch asked Harara whether he worked there, and Harara then “falsely accused Mr. Hirsch of ‘causing a disruption’ and ‘trespassing'” and threatened to call the police. “While in the coffee house, Harara told Mr. Hirsch, ‘You need to leave,’ or variations on this demand, at least fifteen times.” Hirsch said that he would wait for the police to arrive, and Harara then walked to the East Bay Community Space and approached an employee there (Ms. Don) to ask her help in removing Hirsch. Ms. Don went to the coffee house and “initially told Mr. Hirsch that he should accede to Harara’s demand, noting that he had entered a ‘Palestinian business.'” Hirsch stated that he believed Harara was discriminating against him because he was Jewish.
Two Oakland police officers arrived and Harara demanded they remove Hirsch and arrest him for trespassing. The officers did not arrest Mr. Hirsch and “[t]he police report for this incident states that ‘no crime occurred’ and ‘this is being documented as a hate incident.'” The complaint states that “Ms. Don later told the Oakland police that Mr. Hirsch ‘wasn’t trying to start a conflict’ and ‘was being discriminated against because of his hat.'”
The officers requested to speak with Hirsch outside. According to the complaint, “As they left the coffee house, Harara said, ‘Bye bye! Are you a Zionist? Bye bye!’ Later, he added, ‘I love Jewish people. I love them. I love them. Fuck Israel. Fuck Zionists. Fuck Zionists.'” Harara “continued to spew insults and epithets at both Mr. Hirsch and his young son” including “repeatedly calling Mr. Hirsch a ‘bitch,’ a ‘dog,’ and a ‘piece of shit.'” “When Mr. Hirsch asked Harara whether he asks every customer whether he or she is a ‘Zionist,’ Harara responded, ‘Yeah, I do.'” The complaint alleges that “Harara does not, in fact, ask all customers if they are ‘Zionists.'” Hirsch did not receive the coffee he ordered and paid for.
On June 9, 2025, the United States filed the complaint, alleging that “[d]efendants’ actions … constitute a pattern or practice of resistance to the full and equal enjoyment by Jewish individuals of rights secured by Title II of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000a et seq….”
