Gerber v. Herskovitz, No. 20-1870 (6th Cir. 2021)Annotate this Case
Every Saturday morning since 2003, six-12 protesters have picketed Ann Arbor’s Beth Israel Synagogue, displaying signs on the grass by the sidewalk in front of the synagogue and across the street. The signs state: “Resist Jewish Power,” “Jewish Power Corrupts,” “Stop Funding Israel,” “End the Palestinian Holocaust.” The protests coincide with the arrival of the congregants to their worship service but the protesters have never prevented them from entering the building, have never trespassed on synagogue property, and have never disrupted their services. The signs, the congregants allege, inflict extreme emotional distress on congregants: one sometimes forgoes attending services or visits a different synagogue to avoid the signs; a Holocaust survivor, feels extreme distress when she sees the signs.
The Sixth Circuit affirmed the dismissal of a suit that alleged that the protests (and the city’s failure to enforce a city sign ordinance against the protesters) violated the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000bb – 2000cc-5, civil rights statutes, and the congregants’ substantive due process and free exercise rights. While the plaintiffs have alleged a concrete and particularized harm to a legally protected interest, the First Amendment affords “robust protections” to nonviolent protests on matters of public concern.