Wonder if a person could say these kind of things about other races or religions and stay out of jail.
Controversial Cleveland murals are protected
By: DOUGLAS J. GUTH Staff Reporter
clevelandjewishnews.com
The First Amendment protects all forms of speech, including these controversial new murals on the 55th St. Deli.
The First Amendment to the U.S. Constitution protects freedom of expression, no matter how offensive, from government interference.
With that in mind, Louis Brandeis, the first Jew to serve on the U.S. Supreme Court, uttered the famous quote that still resonates today: "The remedy for bad speech is more speech."
For those offended by murals painted on the outside walls of Brahim "Abe" Ayad's East 55th Street deli, "more speech" might be the only recourse.
Ayad, 37, a Palestinian-American who owns Grandpa's Kitchen, has had dozens of controversial images painted on his business establishment over the last few years. Public officials and Jewish Clevelanders say these murals are blatantly offensive and antisemitic.
The newest signs, painted over the spring and summer at the deli, include a group of skullcap-wearing Jews counting money at a table while Jesus hangs on a cross above them, and a supposed talmudic endorsement of pedophilia. In the latter, a Jewish priest holds a small boy in his arms. The priest is quoted as saying, "Silly man, this is not my son, he's my wife." Below this is an alleged line from the Talmud. "Like the tear comes to the eye again and again so does ... virginity to a child under 3 years and 1 day."
Above this mural is contact information for Cong. Stephanie Tubbs Jones for those seeking reparations from Israel. The congresswoman's image has also unflatteringly appeared on past murals. Ayad was angry she never followed up on a letter she sent him over two years ago, claiming she would help him get back his father's land.
Another new sign shows Hitler with the Star of David branded into his upraised and bleeding hand. A larger Star of David superimposed with a swastika is painted to the right of this image.
In the past, Ayad's signs have portrayed Jews as monkeys and pigs, and repeated canards such as Jews control the media and Jews were behind the 9/11 terror attacks. The first signs appeared on a car wash Ayad owned at E. 55th and Cedar. The images were painted over after the City Mission bought the building.
Ayad, a father of eight who lives in North Olmstead, has said he does not support violence against Jews. The murals, he notes, are a protest against "evil-doing Zionists" who, among other offenses, he claims, took away his Palestinian father's land to make way for the state of Israel.
"The Constitution states the guy has a right to be as obnoxious as he wants," says Jonathan Entin, professor of constitutional law at Case Western Reserve University. Even if the signs are perceived as hateful, it's difficult to make "a valid, legal claim" that someone is defaming a particular group.
In a landmark case in Minnesota (RAV vs. St. Paul-1992), the U.S. Supreme Court declared a city hate speech code unconstitutional. The state's law, according to the court, was "viewpoint based" and "overbroad," prohibiting speech that was constitutionally protected, Entin explains.
Put simply, "the government cannot choose sides," says the professor. Ayad's signs could be taken down only if they led to an unusually dangerous situation. Further, "If we suppress bad speech, people might be deterred from using 'good' speech," says Entin.
Clevelanders have rallied against the murals over the last few years. Last fall, a billboard stating, "The Hate Stops Here," was erected as part of a campaign begun by the Anti-Defamation League (ADL). Cleveland Mayor Jane Campbell spoke at a campaign press conference across the street from the deli, as did Congresswoman Tubbs Jones.
About 125 people, including students from the Cleveland Heights High School Unity Group and members of the Zionist Youth group Betar attended the anti-hate press conference.
No rallies are planned for the immediate future. "There's nothing you can do (to remove the murals) until the community becomes outraged enough," admits Bettysue Feuer, ADL regional director.
Councilwoman Fannie Lewis, who represents the ward where Grandpa's Kitchen is located, has tried various means to get the signs removed by the city. She has spoken to a number of lawyers, as well as to City Hall, to no avail. She recently contacted the Cleveland Planning Department, for example, to see if the murals were violating any signage codes. (They aren't.) She has also met with Ayad several times.
Lewis, who is African-American, remembers growing up in Memphis, Tenn., during the race riots of the 1960s. She fears similar violence could occur here if the murals are allowed to stay up. "When hatred is allowed to fester, it only gets worse," she says.
Ayad, however, insists that he doesn't hate anybody. He considers himself an American, and even claims Jewish ancestry. The murals, he says, are his way to vent frustration and disappointment.
Ayad says the ADL and Cleveland City Hall, among others, have been trying to shut him down for eight years. The shocking imagery on his walls are his way "of fighting fire with fire," he maintains. "If they want to insult me, they should know how it feels to be insulted."
Cong. Tubbs Jones would like to see Ayad take down the murals. She recognizes his right to speak freely, but "as a business owner, it's his responsibility to show some leadership" within the community, she told the CJN. |
