The U.S. Department of Justice filed an unusual civil rights lawsuit Monday against a cafe in Oakland, California, accusing it of systematically discriminating against Jewish customers.
According to the complaint, the owner of the cafe, Fathi Abd al-Rahim Hararah, violated the Civil Rights Act by refusing to serve Jewish patrons — an act that constitutes religious and national origin discrimination under federal law. This marks the first time since the Hamas-led October 7 terror attack that the Justice Department has taken legal action against a private business for allegedly discriminating against Jews.
The lawsuit targets the "Jerusalem Coffee House" and its operating company, Native Grounds, and was filed in federal court in Northern California. It describes how Hararah, a U.S. citizen of Palestinian descent, demanded that customers leave the premises after identifying them as Jewish, including based on visible symbols like a Star of David. The Justice Department said his conduct was “intimidating, hostile, and demeaning,” warranting federal intervention.
The first incident occurred in June 2024, when Michael Radis visited the cafe to assess it as a potential venue for a fundraising event. According to the complaint, a staff member asked whether he was “Jewish” and “Zionist,” accused him of “killing children in Gaza,” and refused to serve him. When Radis returned weeks later to buy a cookie, Hararah reportedly slammed shut the food display case, ordered him to leave, and said, “You people—you are the problem.” The Justice Department claims Hararah used similar language with other customers.
Days later, Hararah posted a video on social media confirming he had removed Hirsch from the cafe, defending his actions and expressing no regret. He claimed Hirsch came “to provoke,” wearing a Star of David while playing chess with his child in the cafe’s central seating area.
“They knew this was a political space,” Hararah said. “They came with a camera, with a kid, hoping to film me kicking them out and then spread it.” He added, “Jews are welcome here — as long as they’re anti-Zionist,” emphasizing that his cafe caters to supporters of Palestinian rights.
Hararah argued that Hirsch’s Star of David represented a political, not religious, identity: “This isn’t about religion — it’s about Zionism.” The Justice Department flatly rejected that claim, stating in the lawsuit that neither Hirsch nor Radis made any political statements, and that conflating a Star of David with support for “genocide” constitutes a clear violation of federal civil rights law. Officials said Hararah’s attempt to justify ejecting customers based on appearance is legally indefensible.
The complaint notes that, after the viral video was posted, additional complaints emerged, prompting a federal investigation that led to the lawsuit. According to the Justice Department, the testimonies support the conclusion that the cafe engaged in a pattern of discriminatory behavior rather than isolated incidents.
Beyond the specific cases, the lawsuit describes what it calls a “hostile environment” within the cafe, reflected in its branding and décor. Red inverted triangles — a prominent Hamas propaganda symbol recently spray-painted on vandalized synagogues and Jewish sites across the U.S. — were painted on the cafe’s exterior walls.
On the anniversary of Hamas’ October 7 attack, the cafe released a special menu featuring two controversial drinks: “Iced In Tea Fada” — a play on the word “intifada” — and “Sweet Sinwar,” referencing Yahya Sinwar, the Hamas leader who orchestrated the assault. The lawsuit notes that the drinks were not only added to the menu but also advertised in a timed social media post released on the morning of October 7, describing it as a symbolic gesture. The Justice Department characterized the act as “glorifying terrorists and promoting hatred in a public space.”
Hararah defended the names as artistic expression aimed at raising awareness of “genocide in Gaza.” He said Sinwar is a common Palestinian surname and that his message was political, not antisemitic. He has not responded to media inquiries since the lawsuit was filed, but has previously spoken about losing relatives in Gaza.
“My business exists in part to redirect the conversation to the genocide in Gaza,” he said. “I’m not antisemitic. I’m anti-Zionist. I’m Semitic myself and a religious minority. My father and I were beaten up in school for being Arab.”
Assistant Attorney General for Civil Rights, Harmeet Dhillon, said in a statement: “It is illegal, intolerable and outrageous for any business to refuse service to Jewish customers. We will not allow antisemitism to hide behind political ideology.”
While the lawsuit does not seek financial damages, the Justice Department is asking the court to issue an injunction requiring the cafe to change its policies, implement staff training and adopt oversight mechanisms. Meanwhile, Hirsch and Radis have filed separate civil lawsuits.
The incidents have drawn political condemnation. Oakland Mayor Barbara Lee and Democratic Rep. Ro Khanna expressed shock over the café’s conduct, and California Governor Gavin Newsom welcomed the federal lawsuit, warning of the “spread of religious and ideological hatred that threatens our social fabric.”
