Burgertory founder’s chant about Zionists at pro-Palestine rally incited hatred against Jews, tribunal rules | Victoria

A prominent pro-Palestinian protester racially and religiously denigrated Jewish people by chanting “All Zionists are terrorists” at a rally in Melbourne, a Victorian court has ruled.

Hash Tayeh, who appealed Thursday’s decision, was found to have violated the state’s Racial and Religious Tolerance Act with comments he made in March last year.

Menachem Vorchheimer took the case to the Victorian civil and administrative court (Vcat).

“To be labeled with the derogatory term ‘terrorist’ and seen as normal for something for which I am not responsible is heartbreaking and soul-destroying to me,” Vorchheimer said as part of his application.

“I felt dehumanized. I felt like the lowest of the low. I no longer feel safe walking into the Melbourne CBD when I’m obviously Jewish.”

“I also avoid public gatherings in general. [is] a chance to counter-protest for fear of being attacked or slandered.

The Melbourne man said “Zionists” was used as a password for the Jewish people at the rally.

But Tayeh, founder of burger chain Burgertory, said there was no evidence that this was the case and that the protesters were making clear the distinction between Zionists and Jews.

He said that “Zionists” was used and understood by ordinary rally participants only to refer to the actions of supporters of the current regime in Israel and the Israel Defense Forces (IDF) after October 7, 2023.

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Judge My Anh Tran agreed that “Zionist” did not mean Jew and found that the word could mean a variety of things. But Tran found that there was probably a very strong relationship between Zionists and Jewish people in the minds of ordinary rally attendees.

Tran found that Tayeh’s use of the word “all” strengthened this association.

“I also discovered that the use of anti-Semitic tropes and Holocaust themes at the rally tended to increase the strength of the relationship between Zionists and the Jewish people.

“I also discovered that the accusation of being a terrorist is an accusation that is inherently likely to provoke strong emotions such as hatred, and that, if anything, its use in chants and rally contexts increases this tendency.”

Vorchheimer had to establish that ordinary rally participants were encouraged to hate Jews because of their race, religious beliefs, or activities.

In his ruling, Tran said Tayeh did not need to prove that he intended rally attendees to experience this “hate,” as motivation only becomes relevant when considering whether the protester has a defense for his comments.

The law allowed defenses for certain conduct that would otherwise be considered a violation.

These defenses included whether the comments were made reasonably and in good faith, in relation to a matter of public interest or for a bona fide religious or artistic purpose.

Tayeh claimed that his well-intentioned purpose in starting the slogan was to protest the current Israeli regime’s actions after October 7, 2023.

While Tran ruled that Tayeh had no defense for these comments, he said, “However, I think this chant was directed by Mr. Tayeh at least to all supporters of Israel’s continued existence as a Jewish state.”

“The purpose of the slogan therefore extended far beyond its purported purpose, which was to protest the actions of the current Israeli regime after October 7.”

Tran said: “I have concluded that the natural and usual effect of thousands of people gathering together chanting ‘All Zionists are terrorists’ would be to drive many rally participants over the threshold into hatred of the Jewish people.”

Vorchheimer asked Vcat to issue orders restraining Tayeh from engaging in similar conduct in the future; demand that he publicly acknowledge the decision and apologize for his actions; and demands that Vorchheimer pay $20,000 to a charity of his choice.

Tran will hold a hearing at a later date to decide what consequences, if any, should be imposed.