A federal magistrate judge in Oregon has recommended dismissing most of an Israeli-born teacher’s lawsuit alleging that Portland Public Schools and its teachers’ union discriminated against him by suppressing pro-Israel expression while permitting pro-Palestinian displays.
The teacher, who is Jewish and identified in court filings only as “John Doe,” alleged that colleagues displayed Palestinian flags, maps depicting all of Israel as Palestine and wore clothing bearing the slogan, “From the river to the sea.” He claimed school administrators refused to remove the displays and told him that displaying “an Israeli flag or related symbols would be too disruptive.”
The lawsuit also alleged that the Portland Association of Teachers partnered with Oregon Educators for Palestine to publish a “Teach Palestine” guide that characterized Zionists as “bullies” who “stole” Palestinian land.
The teacher said the school’s response triggered a recurrence of post-traumatic stress disorder stemming from “his time growing up in Israel, where, among other things, he witnessed bombings and rockets flying over his home,” which prompted him to take leave.
In findings issued on Thursday, U.S. Magistrate Judge Jeff Armistead recommended permanently dismissing the teacher’s free speech and free exercise claims. He also recommended dismissing the workplace discrimination claims but said the plaintiff should be allowed to amend them with additional factual allegations. A U.S. district judge will review the recommendations before they become final.
A state-law discrimination claim against the Portland Association of Teachers will proceed because the union did not seek its dismissal.
Armistead also granted the teacher’s request to proceed anonymously, citing his PTSD and the risk posed by threats against Jews and Israelis.
“The violence against Jewish people and those who hold views like his cannot be discounted,” Armistead wrote. “Antisemitic violence is a regular occurrence in the United States since the Oct. 7 terror attack. The antisemitic violence is notable for its unpredictability—there is no telling when or where it may next happen.”
