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A California restaurant targeted by Islamic “lawfare,” the practice of using American law to enforce Muslims’ wishes, is asking a court to order Muslim women who complained of religious discrimination to pay its legal expenses as punishment.

The case developed after managers at the Urth Caffe in Laguna Beach asked the Muslim women to leave because they were causing a disturbance.

They had been asked by restaurant workers to abide by a publicly promoted policy at the restaurant to give up or share popular patio tables after 45 minutes. But they refused and eventually left only after police were called.

The women later obtained a lawyer who claimed they were the subjects of religious discrimination and sued. The restaurant counter-sued for trespass.

The countersuit was filed by the American Freedom Law Center.

AFLC senior counsel David Yerushalmi said at the time the Muslim women’s lawsuit claiming religious discrimination “is a fraud and a hoax on the courts and the media.”

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“It is nothing short of an abuse of process to extort public apologies and other accommodations from my client, Urth Caffe,” he said.

Lawyers for the cafe now are asking the court to order the women to pay costs.

“As set out in this opposition, cross-defendants’ motion ignores the unambiguous law of ‘arising from’ set out by the Supreme Court in three separate companion cases, asserts a preposterous public-interest issue to create ‘protected activity’ when none existed, asserts without any legal authority a grace-period for the trespasser, and misstates the requirement of trespass as requiring actual damages. In short. The motion is frivolous.”

The argument was submitted to the Superior Court of Orange County, California, by the American Freedom Law Center.

“Urth Caffe did not discriminate against the women who have filed this fraudulent lawsuit,” Yerushalmi explained. “The claim that these women were asked to leave the café because they were wearing hijabs is laughable.

“That night, as every Friday night, a large number of young people, including a majority of whom are Muslim and of Arab descent, make up the base of Urth Caffe’s customers. Not surprisingly, many of these customers are women wearing hijabs. None of these other Muslim women was asked to leave,” he said.

“The women who now claim victim status were not asked to leave, but only to abide by the café’s policy to give up their high-demand outside patio table after 45 minutes to allow other customers, including those wearing hijabs, to enjoy the experience. The women refused to abide by the policy and began causing a scene and disrupting other patrons. The police were called and only after 45 minutes passed did the women finally leave. This is trespass plain and simple.”

The countersuit charges the women now claiming to have been subjected to religious discrimination are “aggressors and guilty of trespass.”

“Several key facts demonstrate the contrived and abusive nature of the women’s claims. First, one of two owners who manage the Urth Caffe is herself a Muslim woman. Jilla Berkman, a co-owner of the Urth Caffe with her husband, was the one who actually authorized the call to the police after the women now claiming victim-status were loud and abusive to the Urth Caffe employees and refused to give up their table per the stated policy.

“Second, the lead plaintiff in the frivolous lawsuit is Sara Farsakh, a college-age activist for Palestinian causes who self-promotes her involvement in radical organizations, at least one of which calls for the destruction of Israel. Third, the organization behind the scenes of this fraudulent lawsuit is CAIR, or the Council on American-Islamic Relations.”

Robert Muise, AFLC senior counsel, explained the concerns about CAIR.

“CAIR, currently named a terrorist organization by the UAE, was previously named as an unindicted co-conspirator and Muslim Brotherhood-Hamas front group by the FBI and the U.S. attorney’s office in the successful prosecution of a terrorist funding cell organized around one of the largest Muslim charities, the Holy Land Foundation (HLF). HLF raised funds for violent jihad on behalf of Hamas, and top CAIR officials were part of the conspiracy,” he said.

“It is not surprising that the FBI has publicly terminated its outreach activities with CAIR. Moreover, this fraudulent lawsuit is what the Muslim Brotherhood itself describes as ‘civilization jihad.’ In other words, this lawsuit is being waged to use our anti-discrimination laws not for equal protection, but to attain special protection and rights for Shariah-adherent Muslims who reject America and the Judeo-Christian values it stands for.”

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The OC Weekly explained the 45-minute policy is publicly posted by the restaurant.

“During our busy rush times, if you have already been at a table for 45 minutes or longer, please share or give your table to someone who is waiting. If tables are available, you are certainly welcome to enjoy Urth for as long as you desire,” it states.

The restaurant called police and had them ask the women to leave when they refused to comply with a manager’s request regarding the policy, multiple reports say.

But commentator Daniel Greenfield at FrontPage Magazine jumped right to the point in a commentary headlined “Another Muslim ‘minor inconvenience hate’ hoax gets shot down.”

“Actual minorities have hate crimes. Muslims mainly seem to have minor inconveniences. Like the Muslim passenger who was supposedly refused a can of diet coke by the flight attendant… only because she was Muslim. Or the Muslim who allegedly suffered a dirty look. Or were asked to leave a coffee shop after 45 minutes of hogging a table,” he wrote.

“For some reason, this incredibly Islamophobic coffee shop let her and her friends order, sit and hang out for 45 minutes. And then only asked them to leave after 45 minutes. Which is the policy,” he wrote. “I’m sure Obama will be commenting on this before long. Because tragic minor inconveniences of hate like this cannot and must not be tolerated. Muslims should receive special exemption from all normal rules, whether while flying or at restaurants. The failure to respect Muslim Privilege is itself discriminatory.”

 

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