Federal Judge to Texas: No, You Can't Bar Government Contractors From Boycotting Israel

A federal judge issued an injunction last week preventing the state from enforcing its law barring government contractors from boycotting Israel. U.S. Dis­trict Judge Robert Pitman issued the ruling on April 25 in a lawsuit brought by the Council on American-Islamic Relations on behalf of Bahai Amawi, a speech pathologist working for Pflugerville ISD on a contract basis, when she refused to sign an addendum to her contract to implement the 2017 measure, which targets the international "boycott, divestment and sanctions" (BDS) movement aimed at pressuring the Israeli ­government.

A Palestinian living in Round Rock, Amawi has said her refusal to buy products made by Israeli companies is rooted in the nation's treatment of her family and other Palestinians. In his ruling, Pitman wrote that the law censors speech based on content and viewpoint, which is prohibited by the U.S. Constitution. "The statute targets only boycotts of Israel," he wrote; "Texas contractors remain free to boycott Palestine or any other country." Pitman also wrote that the law restricted viewpoint because "Texas has taken sides in the robust public debate on Israeli-Palestenian relations."

Texas A.G. Ken Paxton's office, which has defended the law in court, issued a statement the following day, April 26, vowing to appeal Judge Pitman's decision. "We're disappointed with the ruling essentially requiring government to do business with discriminatory companies," said the office's communications director, Marc Rylander.