A federal judge has dismissed a Trump administration lawsuit against pro-Palestinian protesters and organizations involved in a November 2024 demonstration outside Congregation Ohr Torah in West Orange, New Jersey.
The protest targeted a real estate event connected to property sales in Israel and the occupied territories. The gathering later escalated into physical confrontations between protesters and people attending or supporting the event.
Judge Says Government Did Not Establish a FACE Act Violation
The Justice Department brought the case under the Freedom of Access to Clinic Entrances Act, or FACE Act, a federal law that prohibits the use of force, threats of force or physical obstruction to interfere with access to reproductive health facilities or places of religious worship.
U.S. District Judge Katharine Hayden ruled that the government’s complaint did not sufficiently show that the defendants’ alleged conduct was aimed at preventing religious worship or access to the synagogue.
Hayden wrote that the FACE Act does not impose liability merely for “disruptive, offensive, or hostile advocacy.”Instead, the government must plausibly allege force, threats of force or physical obstruction connected to religious access or worship.
Claims Against Individual Protesters Dismissed
The government had accused several individuals of conduct during the November 13, 2024 protest.
In one instance, prosecutors alleged that Altaf Sharif charged toward event organizer Moshe Glick during a confrontation. Hayden ruled that even if the alleged force occurred, the complaint did not sufficiently claim that it was intended to interfere with a religious service or prevent access to worship.
Claims against other defendants were also dismissed because the complaint did not adequately allege that they personally used force, threatened violence or physically obstructed worshippers.
The judge also rejected claims against the Party for Socialism and Liberation New Jersey and Americans for Palestine New Jersey based on social media posts promoting the demonstrations, finding that the posts themselves did not contain threats of force.
Lawsuit Can Be Refiled
The case was dismissed without prejudice, meaning the Justice Department can file an amended complaint.
Reuters reported that the government has 30 days to revise its allegations if it chooses to continue pursuing the case.
The ruling does not determine whether every action at the protest was lawful. Instead, it concludes that the complaint, as currently written, did not establish the specific requirements needed for liability under the FACE Act.
Unusual Use of the FACE Act
The case drew attention because the FACE Act is widely known for its use in cases involving access to abortion clinics, although the statute also protects access to places of religious worship.
Reuters reported that the West Orange case appears to have been the first attempt by the Trump administration to use the law in this way against protesters at a synagogue.
The dismissal leaves the Justice Department with the option of amending the lawsuit or allowing the case to end.
Sources: New Jersey Monitor, Reuters
By NJ RADAR Team