Houston Suburb Conditions Hurricane Relief Money On Residents' Vow Not To Boycott Israel

Floodwaters in Dickinson, Texas, on Aug. 28, 2017 (Photo: Rick Wilking/Reuters)
Floodwaters in Dickinson, Texas, on Aug. 28, 2017 (Photo: Rick Wilking/Reuters)

A suburb outside of Houston is requiring residents who were affected by Hurricane Harvey to certify that they do not boycott Israel in order to apply for grant money to rebuild their home or business.

Dickinson, Texas, located alongside a bayou about 30 miles southeast of Houston, suffered extensive damage during the hurricane that tore through the area two months ago. Half of the city’s 20,000 residents were impacted, and the storm caused serious damage to more than 7,000 homes and 88 businesses, according to local police reports.

On Monday, the city posted a three-page application for grant money on its website. The application requires residents to commit to using the money to repair their damaged homes or businesses, to follow all building codes and to verify that they do not boycott Israel.

A snapshot of the relevant boycott section of the application is shown. (Photo: )
A snapshot of the relevant boycott section of the application is shown. (Photo: )

“It’s completely unreasonable,” said Ayesha Khan, a UTHealth PhD student who has been active in rebuilding and recovery efforts in Houston, and an organizer in the boycott, divestment and sanctions (BDS) movement.

“This can prolong the time it will take to rebuild homes,” she said. “It’s institutionalized in a way that can impact families that are still homeless.”

Dickinson Mayor Julie Masters told HuffPost that her office has been “inundated” with angry phone calls and emails about the anti-BDS language in the grant application.

When Dickinson’s city attorney recommended including the Israel boycott clause, Masters thought, “God, this kind of feels like it’s infringing on free speech,” she said. But she said city officials also didn’t feel like they had much of a choice in the matter.

The Israel boycott provision in Dickinson’s application is a strict interpretation of a Texas state law passed earlier this year that prohibits state agencies from contracting with companies that boycott Israel. Dickinson applicants have to agree to act as an “independent contractor” in order to receive grant money from the city.

Masters said she spoke with officials in the Texas attorney general’s office on Friday about clarifying the language in the state law so that the anti-boycott provision would only apply to contracts on the state level.

The American Civil Liberties Union argues that the Texas law is unconstitutional and is asking anyone who was forced to choose between signing the Dickinson application and forgoing hurricane relief money to contact the group’s Texas chapter.

“The Supreme Court ruled decades ago that political boycotts are protected by the First Amendment, and other decisions have established that the government may not require individuals to sign a certification regarding their political expression in order to obtain employment, contracts, or other benefits,” the ACLU wrote in a statement, referring to a 1982 decision that ruled that an NAACP boycott of a white-owned business in Mississippi was a protected form of free association and expression.

The ACLU is currently representing a Mennonite school teacher in Kansas who was denied an employment opportunity after refusing to certify that she does not boycott Israeli products.

Because the Texas law was enacted recently, it is not yet clear how the state or cities will enforce the anti-BDS measure.

The primary purpose of the law is to “scare people away” from participating in “protected First Amendment activity,” Brian Hauss, an ACLU staff attorney said. Residents who are dependent on city funding to rebuild their homes and are worried about certifying something that isn’t true on a government document could decide it’s easiest to abstain from boycotting Israeli products, he said.

Texas is one of more than a dozen states that have passed laws in the last several years aimed at combating the BDS movement against Israel. Congress is also considering a bill that would make it a felony for Americans to boycott Israel.

Proponents of the BDS movement say it is a non-violent way to protest Israel’s decades-long occupation of the Palestinian territories. But critics of the movement describe it as an anti-Semitic effort to delegitimize Israel.

“Anti-Israel policies are anti-Texas policies,” Texas Gov. Greg Abbott said when he signed the bill into law in May.

The ACLU is not aware of any Texas cities other than Dickinson that have conditioned hurricane relief funding on vowing not to boycott Israel. But several cities, including San Antonio, Galveston, and Austin, have inserted anti-BDS clauses in their contracting documents.

This story has been updated to include comment from Dickinson’s mayor.

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A volunteer from Texas A&M University helps to clean up flood damage in the house of an alumnus in Houston on Sept. 2.
A volunteer from Texas A&M University helps to clean up flood damage in the house of an alumnus in Houston on Sept. 2.
Artemio Tamez and Franco Tamez sit in front of Franco's house on Sept. 2 after spending the day cleaning it out after torrential rains in the wake of Hurricane Harvey caused widespread flooding throughout the Houston area.
Artemio Tamez and Franco Tamez sit in front of Franco's house on Sept. 2 after spending the day cleaning it out after torrential rains in the wake of Hurricane Harvey caused widespread flooding throughout the Houston area.
Children pick through toys in a trash pile on Sept. 2.
Children pick through toys in a trash pile on Sept. 2.
Patrice Laporte looks to see how much water is in his house on Sept. 1.
Patrice Laporte looks to see how much water is in his house on Sept. 1.
A man disposes of drywall while salvaging through belongings from his home on Sept. 2.
A man disposes of drywall while salvaging through belongings from his home on Sept. 2.
Axa Alvarez (holding coat) and her family sort through clothes on on Sept. 2 as they clean out their house, which had been inundated with water.
Axa Alvarez (holding coat) and her family sort through clothes on on Sept. 2 as they clean out their house, which had been inundated with water.
Jay Jackson adds to the pile of trash from Harvey flood damage.
Jay Jackson adds to the pile of trash from Harvey flood damage.
A man tears out damaged parts of a home.
A man tears out damaged parts of a home.
Church volunteers work in a damaged home.
Church volunteers work in a damaged home.
Nancy McBride collects items from her flooded kitchen as she returns to her home on Sept. 1 after the record-breaking rainfall in Houston.
Nancy McBride collects items from her flooded kitchen as she returns to her home on Sept. 1 after the record-breaking rainfall in Houston.
Church volunteers work help clear out a damaged home.
Church volunteers work help clear out a damaged home.
A man adds to a pile of trash.
A man adds to a pile of trash.
Ernesto Ramirez pauses as he cleans out his house.
Ernesto Ramirez pauses as he cleans out his house.
Damaged furniture, carpets and flooring are piled at a curbside on Sept. 2.
Damaged furniture, carpets and flooring are piled at a curbside on Sept. 2.
The Sam Houston Parkway was still completely covered with Harvey floodwaters as of Sept. 1.
The Sam Houston Parkway was still completely covered with Harvey floodwaters as of Sept. 1.
Carl Ellis talks to his daughter stuck in Canada, while standing in front of her house surrounded by Harvey floodwaters on Aug. 31.
Carl Ellis talks to his daughter stuck in Canada, while standing in front of her house surrounded by Harvey floodwaters on Aug. 31.
Giant mounds of trash from flood-damaged homes line a sidewalk on Sept. 2.
Giant mounds of trash from flood-damaged homes line a sidewalk on Sept. 2.
A girl sits amid giant piles of trash on Sept. 2.
A girl sits amid giant piles of trash on Sept. 2.
Pete Schroeter surveys his flooded garage on Aug. 31 for the first time after his house was flooded.
Pete Schroeter surveys his flooded garage on Aug. 31 for the first time after his house was flooded.

This article originally appeared on HuffPost.