Missouri House votes to block public contracts with companies that boycott Israel

The Missouri House has voted to bar the state and its local governments from entering into contracts with companies that are participating in a movement to boycott Israel.

House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications – click for larger version)

House Bill 2179 would prevent any public entity in Missouri from doing business with any such company except those owned by a single individual.  The bill is sponsored by House Speaker Todd Richardson (R-Poplar Bluff) and was carried on the House Floor by Speaker Pro Tem Elijah Haahr (R-Springfield).

“There’s a movement across the last couple of decades called the BDS movement – Boycott, Divest, and Sanction Israel – in response to that movement 26 states in this country have passed legislation to reiterate their ties to work with the Nation of Israel, Missouri being one of those states that should adopt this,” said Haahr.

Haahr said the legislature should pass HB 2179 because of Missouri’s economic ties to Israel.

Representative Peter Merideth (photo; Tim Bommel, Missouri House Communications – click for larger version)

“We do millions of dollars in economic development.  We’ve created hundreds of jobs in Missouri as a result of our trade partnership with them.  We have a trade location in Israel.  We’ve had at least six Israeli companies move to St. Louis, Missouri, as startups because of our trade relationships,” said Haahr.

St. Louis Democrat Bruce Franks, Junior, said many Missourians won’t like that the bill would discourage companies from boycotting Israel even if those companies’ leaders hold strong or personal beliefs about that country’s policies.

“There are a lot of people that … a lot of people in Missouri … that feel as if the Palestinians are being persecuted – being treated terribly – by Israel,” said Franks.

Some Democrats argue HB 2179 would be unconstitutional, saying it would infringe on free speech.  St. Louis representative Peter Merideth (D) said the ruling by the Kansas Supreme Court regarding a similar law in that state proves that point.

“It’s without a doubt a restriction on speech in our state.  The [Supreme] Court has established that.  The Kansas court said it emphatically – this is a violation of the First Amendment.  They made no distinction between a sole proprietor and a business, and our Supreme Court has actually said the First Amendment applies equally to corporations as it does to individuals,” said Merideth.

House Speaker Pro Tem Elijah Haahr (photo; Tim Bommel, Missouri House Communications – click for larger version)

Speaker Richardson said the bill does not infringe on anyone’s right to free speech or on a corporation’s ability to boycott Israel, and said the Kansas ruling has no bearing on HB 2179 because what it proposes would not extend to individually-owned operations.  Kansas’ law did extend to sole proprietorships and was challenged by one such entity.

“Can we stop using the Kansas decision as some sort of definitive precedent that this is unconstitutional?” asked Richardson.  “I refer to it as the Kansas boogeyman:  ‘This is like Kansas!  This is like Kansas!  This is like Kansas!’  We’re not Kansas, and I don’t want to have a law that’s overly broad here just like I don’t want to have tax policy in Missouri that’s exactly like Kansas, but using the straw man of saying everything we do out here is Kansas, therefore we can’t do it, is disingenuous on this bill because it’s not the same.”

The House voted 111-35 to send HB 2179 to the Senate.

House considers barring public contracts with companies boycotting Israel

The state House’s Speaker is asking his colleagues to bar state and local governments from contracting with any company that is boycotting Israel.

Missouri House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications)

Speaker Todd Richardson (R-Poplar Bluff) is sponsoring only one piece of legislation this year:  House Bill 2179.  It would prevent any public entity in Missouri from entering into contracts with such companies.  It’s being called the, “Anti-Discrimination Against Israel Act.”

Richardson told the House Committee on General Laws the bill is a push-back against the Boycott, Divest, and Sanctions movement (BDS movement) against Israel.  Richardson says the U.S., and Missouri in particular, have strong economic ties to Israel.

“I think there is a belief, and I think rightly, that while some people that may sympathize with the BDS movement may do it legitimately and with good intention, but at its core the BDS movement seeks the economic destruction of the State of Israel,” said Richardson.  “I think it’s been the longstanding public policy in the United States, and certainly here in the State of Missouri, that the State of Israel legitimately exists.  It’s existed legitimately and been internationally recognized for more than 70 years and those efforts to seek to destroy it are something that we shouldn’t be supporting.”

St. Louis representative Peter Merideth (D) asked whether the bill sets a precedent for the state to take a position or action against those who participate in protests.

“There was talk of some conservative folks across the country wanting to boycott the NFL because of some protests in the NFL and there were businesses saying we’re not going to advertise on NFL games now.  So if that had spread and grown and all of a sudden business across our state are going, ‘We’re going to protest the NFL by boycotting advertisements on the NFL,’ and we said, ‘Well you know what, we benefit economically from the NFL.’  Are we then entitled to, as a state, say as our policy because we economically benefit from the NFL we can tell those businesses they’re not allowed to do business with our state?” Merideth asked.

Richardson said he would not support something to the extent of the position Merideth posed, and said his bill addresses a unique situation.

“You are talking about a deep and long-standing public policy of this country and of this state to support the State of Israel and its continued existence, and Missouri enjoys tremendous economic benefits from that relationship,” said Richardson.

The bill was the subject of two hours of testimony.

Andrew Rehfeld of the Jewish Federation of St. Louis said BDS seeks to end the existence of Israel, and said that’s why the Federation supports HB 2179.

“What we are seeking to do is address the fact that Israel is consistently singled out for this kind of activity, that this activity is aimed at the distinctive character of Israel as a Jewish state, and this legislation makes clear – more than symbolically, I’ll grant you that – but at the same time it sends a statement that the state won’t do business with businesses that want to engage in that kind of discriminatory economic practice,” said Rehfeld.

House Bill 2179 was the subject of about two hours of testimony in a packed hearing room. (photo; Tim Bommel, Missouri House Communications)

Naveen Ayesh told lawmakers the BDS movement is a peaceful attempt at changing oppressive Israeli policies she said she has experienced first-hand.  She argued HB 2179 would be unconstitutional.

“The Supreme Court has recognized non-violent political boycotts as protected free speech under the First Amendment.  Legislatures should work towards protecting the rights of Missourians, not punishing them for exercising them, and hopefully push towards a more balanced Middle East foreign policy that grants equal rights for Palestinians and everyone in the Holy Land,” said Ayesh.

The committee voted 12-1 to advance HB 2179, with Representative Merideth casting the lone dissenting vote.  It faces one more committee, which will vote whether to send it to the full House for debate.