
Queen's ‘Garden of Hate' taking case to federal court, rips judge and ‘scurrilous' NY Post coverage
The attorney for the anti-Israel leaders of Sunset Community Garden in Ridgewood withdrew their state lawsuit against the city and the Parks Department — to make a federal case out of the issue.
Since last fall, Jewish Ridgewood residents haven't felt welcome at Sunset Community Garden, thanks to the garden group's pro-Palestinian rhetoric, which included a special section labeled 'Poppies for Palestine.'
4 Some local residents said they do not feel welcome in the community garden, whose leaders asked incoming members to pledge 'solidarity' with the people of Palestine.
Instagram @sunsetgardenridgewood
Incoming members are also made to pledge 'solidarity with the oppressed and marginalized people' of Palestine' by the garden's management.
The Parks Department wanted the group out by June 6 for 'violat[ing] the terms of their license' with the 'unconstitutional wording' of their 'ideological litmus test' for membership, according to court documents.
The group responded with a state lawsuit in early June to block the eviction, and The Post was in the courtroom when attorneys for both sides met in court this month.
But Jonathan Wallace, the garden leaders' attorney, withdrew the state lawsuit Monday, and told the city he plans to refile the case in federal court, a source said.
In a letter this week, the lawyer accused Judge Hasa Kingo of allowing the 'scurrilous' New York Post's coverage to guide his rulings in court.
'The plaintiffs in this case are a community group composed largely of trans people of color, many of whom are immigrants, and who share a powerfully-rooted moral opposition to the horrifying violence committed by a political entity, the nation-state Israel, against the people of Gaza,' the letter read.
4 Attorney Jonathan Wallace objected to coverage from The Post.
Michael Nagle
4 The garden's leaders are fighting the city's efforts to oust them.
Helayne Seidman
'We could not be further from the ideals and goals stated by Justices Holmes and Brandeis when the Post appears to be influencing outcomes in judicial proceedings,' he added.
'As an old white, proudly Jewish attorney (something that in a 43-year career I never thought until now I would need to mention) I like and am content to be associated with' the garden leaders, Wallace concluded in his letter to Kingo.
Christina Wilkinson — a Ridgewood resident who worked to secure funding for the green space, but is now one of its most vocal critics — said the switch to federal court a 'stall tactic,' and believes 'Parks must now remove the violators and find a community partner that will make Sunset Garden an open and inclusive place for all.'
4 Members planting in the garden in June 2024.
Instagram @sunsetgardenridgewood
She added, 'You have to love the irony of an attorney arguing that the City violated his clients' First Amendment rights, then turning around and complaining about [a Post reporter] being present in the courtroom.'
Wallace did not respond to multiple requests for comment.
The Parks Department refused to respond to requests for comment.
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Israel's security minister breaks agreement, prays at Temple Mount
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No court is completely immune to political context, and the ICC most definitely is not immune, with judges often connected to their country's policies. So it was likely that the ICC Appeals Court ruling also came as Europe and other international institutions were trying to find a halfway point with the new and aggressive Trump administration, as well as a belief that a new 60-day ceasefire might not be far off. It is noteworthy that the ICC Appeals Court issued its ruling on April 24, nearly two months after Israel began blocking new food aid from getting into Gaza. Had those two months of blocking food aid led to mass starvation, it is unlikely that the ICC Appeals Court would have issued any positive ruling for Israel, interim or otherwise. But at the time, despite repeated false charges of imminent starvation dating back to late 2023, the ICC Appeals Court could plainly see that no mass starvation had taken place. This critical political and ideological human rights context may all change now that even top US allies and an increasingly strident UN are calling the Gaza situation a starvation situation. Just on Friday, Israel filed its latest legal brief to try to convince the ICC lower court to cancel the arrest warrants issued against Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant and to drop the entire war crimes case against the Jewish state. ISRAEL'S LEGAL brief made a number of critical arguments that, if the situation in Gaza were moderately stable, might have a chance of getting Jerusalem out of this jam. First, Israel asserts that the ICC lower court from 2024 could not ignore Jerusalem's substantive arguments attacking the idea of Palestine as a state, which can give the ICC jurisdiction, simply because an earlier ICC lower court in 2021 had ruled that Palestine was a state, and could do so. 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Palestinians do not control a terrority with set borders But that is usually a civil law concept, not applicable to criminal cases like this one, and is used against the plaintiff bringing the case, not against the defendant, who might lose something if they do not get to defend themselves. Moreover, as Israeli lawyers argue, the Palestinians do not control a territory with set borders right now, certainly not Gaza. If that is true, then how can 'Palestine' grant the ICC jurisdiction? Israel has not granted jurisdiction, so if Palestine cannot grant jurisdiction either, the ICC would need to drop everything. Next, Israel recognizes a number of potentially strong arguments for the ICC prosecutor and the Palestinians, and tries to disarm them all. For example, theInternational Court of Justice (ICJ) in a 2024 opinion ruled that Israel's occupation of the West Bank, Gaza, and east Jerusalem is illegal. 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Jerusalem responds that the Palestinian Authority, which is purporting to try to give jurisdiction (it filed an accession document to the ICC's Rome Statute around a decade ago) only came into existence by virtue of the Oslo Accords agreement between Israel and the Palestinians. This agreement specifically prohibited the PA from trying to invoke criminal jurisdiction against Israelis. Next, Jerusalem asserts that even if an entity could somehow give jurisdiction to the ICC, even lacking fully set borders, that it at least must control the areas – in this case, Gaza – from which it wants to refer jurisdiction. The ICC prosecutor then employed a clever tactic and said that even if Israel has some technical points, to allow it to throw out the Palestinians' case based on such formalities would abrogate the whole 'object and purpose' of the ICC and its Rome Statute, which is to 'put an end to impunity.' 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But how will Israel have any chance in convincing the ICC to give it a win on technicalities and to ignore the object and purpose of the ICC itself when the judges are witnessing near universal global consensus that there is mass starvation in Gaza? Will they be more favorable to Israel than Trump's own recent statements on the issue? When Israeli ministers openly support blocking food to Gaza and remain in office, won't this influence the ICC's decision? In a situation where the IDF admits that there have been individuals who have starved to death, but is trying to deflect the negative impact of those individual cases by claiming that many or most of them had preexisting conditions, will the ICC give Israel a pass? Can Israel fight this fight by saying that maybe only dozens have starved, but not hundreds and not thousands? On legal blogs following the situation, the tone has shifted from summarizing both sides of the issue with some general bias against Israel, to asserting that third-party countries now have a duty to intervene to stop Israel from causing the alleged starvation. Some legal scholars are arguing that intent to starve does not even need to be proven in standard ways if it can be proven that a foreseeable consequence of certain policies would be to lead to starvation. It is hard to see how Jerusalem turns this case around. And yet, after the April win for Israel, it did not need to be this way. Israel had already been defeating Hamas for around 17 months straight. Pausing, even for an extended period, would not have left Hamas the same as it was in 2023 or even the same as it was in mid-2024. If Israel had agreed to a ceasefire then and stabilized the humanitarian situation, it might have still lost the war crimes fight, but it also might have capitalized on the interim win to get a total win. Instead, Israel pulled out all the stops both on the war front and the aid front and ended up having to mostly pause the war and give Hamas much of the aid it wants, receiving no hostages, and probably now teeing up a new low before the ICC. Solve the daily Crossword


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