Attack over Israeli flag can constitute racial discrimination, US federal judge rules

A federal judge in Washington has ruled that attacking a Jewish person for wearing an Israeli flag can be considered racial discrimination under a 19th-century law. United States District Judge Trevor N. McFadden made the decision in the case of Sumrall v. Ali, dismissing a motion by Janine Ali to dismiss the lawsuit. The incident occurred during a protest outside the Dirksen Senate Office Building in November 2024.

Sumrall, a Jewish-American woman, had an Israeli flag tied around her neck as a cape when Ali attacked her from behind, causing injury. Ali argued that her actions were political dissent, not antisemitic discrimination, and claimed the Israeli flag represented the state of Israel, not a racial identity. However, Judge McFadden rejected this argument, stating that the Star of David on the Israeli flag symbolizes the Jewish race and that battery involving a racial symbol is strong evidence of racial discrimination.

The ruling allows Sumrall's claim under 42 U.S.C. Section 1981 to proceed, along with related District of Columbia claims such as battery, assault based on a protected trait, and trespass to chattels. The court dismissed a claim for intentional infliction of emotional distress, deeming it insufficient under District of Columbia law.

Jewish advocacy groups welcomed the decision, calling it a "massive win" and emphasizing that the ruling rejects the "anti-Zionism not antisemitism" defense.