On October 26, 2024, Jonathan Hirsch and his five-year-old son entered the Jerusalem Coffee House, owned by Abdulrahim Harara, after dining at a nearby restaurant, Casper’s. After the meal, Hirsch’s son needed to use the restroom, but Casper’s did not offer such facilities to customers and directed them to the coffee shop across the street. Hirsch was wearing a blue baseball cap with a white Jewish Star on the front, a recreation of a 1938 cap linked to the Hebrew Orphan Asylum, a Jewish charitable organization in New York that hosted Negro League baseball games. Hirsch ordered a latte, his son used the restroom, and they began playing chess while waiting for their drink.
Soon after, Harara approached Hirsch and asked if he was a “Zionist.” When Hirsch refused to answer, Harara demanded he leave the establishment, threatened to call the police, and subjected him to both physical and verbal harassment. Harara raised his voice, and he, along with another employee, physically pushed Hirsch toward the exit. Harara also said, “This is a violent hat, and you need to leave.”
Jonathan Hirsch is an American Jew and US citizen living in Oakland, California, with his wife and three children. The Star of David on Hirsch’s hat is a symbol of Judaism and Jewish identity. It appears in Jewish synagogues, on Jewish tombstones, on the Israeli flag, and was used by the Nazis to identify Jews. The Star of David is deeply connected to the Jewish people and the Jewish religion.
An employee from the East Bay Community Space, which rents space to Harara, arrived and supported Harara’s actions, saying, “The only reason they know you’re a protected class is because of your hat. You chose to be in this situation.” The police arrived shortly after, and Hirsch and his son stepped outside, with the child visibly frightened and in tears. Harara continued to yell, saying “[Expletive] Israel. [Expletive] Zionists,” calling Hirsch a “bitch,” and taunting his son with “Hey, your dad’s a bitch. Your dad’s a bitch.”
Below is a video of the incident, where Harara verbally attacks Hirsch and demands he leave. Please do not click if you don’t wish to hear the expletives. We should only point out that Hirsch had not discussed Israel, Zionism, Judaism, or any related subjects with Harara or anyone else in the coffee shop at any point. The only identifying feature on Hirsch’s hat was the Jewish Star, with no other writing or symbols.
Jonathan Hirsch, wearing Star of David hat, kicked out of Jerusalem Coffee House in North Oakland by owner. @oaklandpoliceca investigating whether this was hate crime. 6:30,7:15 p.m. #KTVUPlus pic.twitter.com/lJQL90SiL3
— Henry K. Lee (@henrykleeKTVU) October 30, 2024
The Louis D. Brandeis Center for Human Rights Under Law, representing the man who was ejected from the Oakland coffeehouse due to his Jewish identity, has filed a lawsuit in the Superior Court of the State of California, Alameda County. The lawsuit asserts that the defendants’ actions violate the California Unruh Civil Rights Act, along with other applicable laws.
This case marks the first legal action initiated by the Brandeis Center’s newly established public interest litigation group, the Center for Legal Innovation (CLI). As antisemitic incidents continue to rise across the US, CLI was founded as the first law firm dedicated exclusively to litigating against anti-Semitism in all sectors. The CLI’s advisory board includes high-profile figures such as US Attorney General Bill Barr, Solicitor General Paul Clement, and leading litigators from some of the nation’s most prominent law firms, including Paul, Weiss; Weil, Gotshal & Manges LLP; Holtzman Vogel; Schaerr | Jaffe LLP; Consovoy McCarthy; Cooley; and Susman Godfrey LLP.
“The antisemitism Mr. Hirsch and his son faced is deeply disturbing, as is the Defendants’ disregard for basic morality and the law,” said Brandeis Center Senior Counsel Omer Wiczyk, who is representing Hirsch. “We are eager to educate the Defendants – and anyone who shares their warped views – in a court of law. In the United States, a business cannot refuse service to someone because of their race, religion, or ethnicity. The fact that we must state this in 2025 is a sobering reminder of the rising anti-Semitism many people are facing.”
California’s Unruh Civil Rights Act, Civil Code § 51 et seq., prohibits business establishments from discriminating in the provision of goods and services. The refusal by Harara and East Bay Community Space to allow Hirsch and his son to enjoy the services, privileges, accommodations, and facilities of the business, solely because he wore a baseball cap with a Jewish Star, is discrimination.
Hirsch is suing both Harara and East Bay Community Space for compensatory and punitive damages, as well as injunctive and declaratory relief. Victims of antisemitism seeking pro-bono counsel and support from CLI can reach out to David Dince, Brandeis Center Director of Litigation, at [email protected] or 917-509-1203 (mobile), 202-559-9296 (office).
