A California appeals court has revived portions of a lawsuit against a rabbi accused of tearing up a woman’s protest signs during a 2022 demonstration against the Jewish ritual of kapparot, the atonement ritual that includes slaughtering a chicken just before Yom Kippur.
The Second District Court of Appeal, Division Seven, ruled on Sept. 11 that a Los Angeles County Superior Court judge erred in dismissing without leave to amend claims brought by Sandra Bell against Rabbi Netanel Louie and the Hebrew Discovery Center in Woodland Hills, Calif. The appeals court directed the lower court to allow Bell to amend some of her claims and reinstated another.
Bell, who was 77 at the time of the protest, alleged that Louie, who runs the Hebrew Discovery Center, tore up her signs after she placed them in a bush beside her during a kapparot ceremony outside the synagogue in October 2022.
The signs read, “Chickens Cannot Atone for Your Sins—Primitive, Cruel Nonsense” and “bloody cruel senseless useless—animal sacrifice done here,” according to the ruling.
Kapparot is an atonement ritual practiced by some Orthodox Jews before Yom Kippur that involves swinging a live chicken overhead while reciting a prayer before the chicken is slaughtered in accordance with Jewish dietary laws. The meat is traditionally donated to the poor.
Bell also alleged that Israel Shamoni, a Hebrew Discovery Center employee, approached her during the protest, screamed at her, and spat saliva and mucus on her face and sweater. Shamoni is not a party to the appeal.
According to the ruling, Bell alleged that Louie and Shamoni acted together to interfere with her right to protest and that Louie, as Shamoni’s employer and supervisor, was liable for Shamoni’s actions. She also alleged that the Hebrew Discovery Center was vicariously liable for the actions of Louie and Shamoni.
Bell sued Louie, the Hebrew Discovery Center and Shamoni on several civil and tort claims, including violations of California’s Bane and Ralph civil-rights acts, assault and battery, elder abuse and civil conspiracy.
The Superior Court sustained a demurrer filed by Louie and the Hebrew Discovery Center to Bell’s second amended complaint without leave to amend, effectively dismissing the challenged claims.
The appeals court ruled that Bell had sufficiently alleged a Ralph Act claim based on her allegation that Louie physically destroyed her property because of her political affiliation as an animal-rights activist. It directed the lower court to overrule the demurrer to that claim.
