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Court Rules: Urth Caffe's Countersuit Against Muslim Women for Trespass Stands; Prepare for Trial
David Yerushalmi, AFLC co-founder and senior counsel, issued the following statement: "The court's ruling was spot on. Judge Gastelum took the time to understand the law and ruled accordingly. While the underlying lawsuit claiming religious discrimination is a fraud and a hoax on the courts and the media, it has nothing to do with the trespass claim. The women refused to abide by Urth Caffe's policy that limited seating to 45 minutes in the popular patio area. When asked to leave, they wouldn't, and were thus trespassers at that point."
Judge Gastelum's ruling makes this point clear: "[Urth Caffe's] cause of action for trespass is not based on any 'act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue.' Specifically, [Urth Caffe's] claim for trespass is not based on any communications made by Cross-Defendants [i.e., the seven women suing for discrimination]
Yerushalmi went on to explain: "Urth Caffe did not discriminate against the women who have filed this fraudulent lawsuit. The claim that these women were asked to leave the café because they were wearing hijabs is laughable. That night, as every Friday night, a large number of young people, including a majority of whom are Muslim and of Arab descent, make up the base of Urth Caffe's customers. Not surprisingly, many of these customers are women wearing hijabs. None of these other Muslim women was asked to leave. The women who now claim victim status were not asked to leave, but only to abide by the café's policy to give up their high-demand outside patio table after 45 minutes to allow other customers, including those wearing hijabs, to enjoy the experience. The women refused to abide by the policy and began causing a scene and disrupting other patrons. The police were called and only after 45 minutes passed did the women finally leave. This is trespass plain and simple."
The trespass countersuit, which was filed under oath as a verified cross-complaint, demonstrates that the seven women now claiming victim status were in fact the aggressors and guilty of trespass.
The American Freedom Law Center is a Judeo-Christian law firm that fights for faith and freedom. It accomplishes its mission through litigation, public policy initiatives, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations, and foundations, and is recognized by the IRS as a section 501(c)(3) organization. Visit us at www.americanfreedomlawcenter.org.
David Yerushalmi, Esq.