D.A. drops charges against 3 in May SFSU debacle

Friday, July 19, 2002 | by

ALEZA GOLDSMITH

The hate-crime charges against two pro-Palestinian students involved in a May confrontation at San Francisco State University should not have been dropped.

At least that's the opinion of the attorney for pro-Israel student Tatiana Menaker. The San Francisco district attorney also dropped charges against Menaker on Monday.

"I did not ask for this global settlement," said Menaker's attorney, Alexander Anolik. "We are happy they dropped the charges against my client, because offensive speech is protected by the First Amendment. But fighting speech is not protected, and I think the words of the pro-Palestinians, like 'Hitler did not do a good enough job,' are fighting words."

Seth Brysk, executive director of San Francisco Hillel, echoed Anolik's frustration.

In the case of the pro-Palestinians, he said, "the only thing that prevented a greater conflict and physical violence was the overwhelming police presence." And while Menaker's words, which included expletives, "were offensive as well, they did not lead to or have the potential to cause a violent situation."

But in a statement released Tuesday, San Francisco District Attorney Terence Hallinan said his office "found no evidence that specific laws were broken" and would therefore not pursue any charges.

The charges stemmed from a May 7 rally sponsored by Hillel on the SFSU campus, where pro-Israel demonstrators and pro-Palestinian counter-demonstrators were at odds. Afterward, the General Union of Palestinian Students was put on a one-year probation and a letter of warning was issued to the campus Hillel.

One pro-Palestinian student at the rally was facing counts including a charge of vandalism for stomping on an Israeli flag. But according to the DA, "the flag was not defaced…therefore, no charges would be filed."

The other pro-Palestinian student was alleged to have said to two Jewish students: "All you Jews should die," "I'd kill you if I could" and "Hitler did not do a good enough job; he should [have] exterminated you all when he had a chance."

No charges were filed in this case, according to the district attorney, because the exchange "took place at a distance of 10 to 15 feet" and "none of the people addressed said they were provoked to an immediate violent reaction."

Menaker, who is not referred to by name in the district attorney's statement, was accused of calling a pro-Palestinian student a sharmotta (the Arabic word for "bitch" or "whore"), followed by, "Go f—- your camels." According to the district attorney, charges would not be filed since the "offensive statements were not accompanied by force or a threat," nor did Menaker "seem capable of carrying out" any action since she was "being restrained."

But Anolik called Menaker's behavior "minor, [in light of] her background in the former Soviet Union. A former refusenik and the daughter of Holocaust survivors, Menaker, a mother of three, immigrated to the United States in 1985.

"Since she arrived she's been inundated with this anti-Israel rhetoric in a hotbed of anti-Zionism, anti-Jewish, anti-Semitism and anti-Americanism at SFSU," he said. "Considering the point she was pushed to, I think her comments were pretty mild."

University police had asked the district attorney to prosecute the three students in late May, following an investigation. The evidence against them was gathered through interviews, witness statements and video footage from the rally, said Ligeia Polidora, SFSU public relations director.

"We accept and respect the D.A.'s decision," said Polidora, noting that it is "standard practice" for the university to forward cases "dealing with complex or controversial issues."

All three students, whose names have not been released by the university, still face disciplinary charges at SFSU. Polidora expects an administrative law judge to hold formal hearings for the students in August since all three rejected the recommended disciplinary measures offered to them during separate judiciary committee meetings last month.

Since the May 7 clash, the Jewish community has vocalized its concern about the growing atmosphere of anti-Semitism on the SFSU campus. The university, meanwhile, has taken several steps to address pro-Palestinian and pro-Israel tensions, including the formation of a 38-member task force focusing on the issue.

Brysk said he has "a lot of hope for the task force," but noted that "even with the best of intentions," a large institution like a university "will be slow to change."