Dickinson demands Hurricane Harvey victims agree to not boycott Israel

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Ali Khalili plans to apply for aid from the city of Dickinson to make repairs to his home after it was inundated with water from Hurricane Harvey, but he isn't optimistic his request will be approved.

The reason? The 75-year-old's politics, including past boycotts and protests of Israel's policies.

A recently passed state law prohibits Texas governmental entities — including cities — from contracting with or investing certain public funds in companies that boycott Israel.

"Anti-Israel policies are anti-Texas policies, and we will not tolerate such actions against an important ally," Gov. Greg Abbott said in a news release earlier this year.

Dickinson's application for aid to rebuild homes and businesses requires residents to state that they will not boycott Israel during the term of the agreement, according to a form on the city's website.

The ACLU has called the requirement "an egregious violation of the First Amendment."

"We were frankly appalled that the city of Dickinson would be imposing a sort of political litmus test on hurricane relief funds," said Brian Hauss, a New York-based ACLU staff attorney.

Dickinson's city attorney told KTRK-TV that the city included that provision to comply with the recently passed Anti-Boycott, Divestments and Sanctions law.

It's unclear, though, that the city needs to require private citizens not to boycott Israel. Advising cities on how best to comply with the state law has proved challenging, said Scott Houston, general counsel for the Texas Municipal League.

The league recommended to cities this fall that they include the language about Israel in written contracts with companies. Whether the definition of companies can be expanded to include private citizens, such as Harvey victims, isn't clear, Houston added.

"I don't know what the answer is," Houston said. He added that he defers to local city attorneys to determine if the clause is necessary.

Dickinson's mayor and city manager did not respond to requests for comment Friday.

Hauss, with the ACLU, said he could not comment on whether Dickinson's interpretation of the law was valid.

However, Hauss added, the ACLU views House Bill 89 as unconstitutional as well.

"The First Amendment protects Americans' right to boycott, and the government cannot condition hurricane relief or any other public benefit on a commitment to refrain from protected political expression," said ACLU of Texas Legal Director Andre Segura. "Dickinson's requirement is an egregious violation of the First Amendment, reminiscent of McCarthy-era loyalty oaths requiring Americans to disavow membership in the Communist party and other forms of 'subversive' activity."

The BDS movement began in 2005 as a nonviolent protest of Israel's treatment of Palestinians. It included a call to boycott and divest from companies that it states are involved in the violation of Palestinian human rights.

The movement has brought pushback from members of Congress. Earlier this year, the Israel Anti-Boycott Act was introduced in the House and Senate. Similar measures have been introduced in states including Texas.

In a statement, the Houston branch of the Anti-Defamation League, which supports state resolutions opposing BDS, said it was "deeply troubled" to learn about the application in Dickinson.

"This requirement is misguided and constitutionally problematic," the statement read. "And reveals an unanticipated and unfortunate consequence of a well-intentioned state anti-BDS law that needs further consideration."

Other Texas cities have already taken steps to comply with the state's law, though it hasn't come up in the context of flood relief.

Galveston, Austin and San Antonio have put the language in place involving contracts for some public projects, Hauss said. Houston has also required that contractors and suppliers verify in new contracts that they are not boycotting Israel, said Alan Bernstein, a spokesman for Mayor Sylvester Turner.

There haven't been any changes in contractors or suppliers since the law was put in place, Bernstein added.

While the city of Houston does not have a city-administered Hurricane Harvey relief fund comparable to Dickinson's, Houston's legal department has not advised that the law applies to private individuals, Bernstein said.

The ACLU is fighting a similar law in Kansas. In October, the nonprofit filed a lawsuit challenging a Kansas statute that required a math teacher selected to participate in state training to sign a certificate that she would not boycott Israel, Hauss said.

The civil rights group has not yet filed a lawsuit in connection with a case in Texas, but is asking residents affected by HB 89 to contact them, Hauss said.

As for Khalili, he said a contractor estimated his repairs would reach $30,000. The Dickinson resident of more than 30 years doesn't have flood insurance to foot the bill.

Even though he needs the money, Khalili said he would take his chances and cross out the portion of the application agreeing not to boycott Israel.

Khalili has participated in demonstrations and boycotts in the past, both related to and unrelated to the BDS movement, he said. He views it as his civic duty.

Agreeing to restrict that, Khalili said, "is un-American."