NJ Judge Tosses Lawsuit After Pro-Palestine, Israel Supporters Clash In Essex County

ESSEX COUNTY, NJ — A judge has dismissed a federal lawsuit against a group of pro-Palestine activists who clashed with Israel supporters outside a synagogue in West Orange two years ago.

The politically linked chaos erupted outside Congregation Ohr Torah in November 2024 after demonstrators arrived to protest a real estate seminar about buying property in Jerusalem. Some of the activists and members of a local synagogue eventually got into a violent confrontation – which led to charges for both sides.

>> RELATED: NJ Protester Was Assaulted During Demonstration, Group Alleges

>> RELATED: Feds Accuse Protesters Of Instigating Controversial Clash In West Orange

The Essex County Prosecutor’s Office filed aggravated assault, bias intimidation and weapons charges against two of the synagogue members. Former Gov. Phil Murphy pardoned one of them before he left office earlier this year.

Meanwhile, the U.S. Justice Department filed a civil lawsuit against several of the pro-Palestine demonstrators, accusing them of violating Freedom of Access to Clinic Entrances (FACE) Act: a federal law that has traditionally been used to protect access to abortion clinics.

Among other things, the law prohibits “intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship.”

However, the government’s allegations about what happened in West Orange don’t meet that threshold, U.S. District Court Judge Katharine Hayden ruled last week.

Hayden said applying the FACE Act would mean that “every push, shove, brawl or forceful conduct” that takes place during these types of demonstrations automatically breaks the law – which would “demonize protesters who exercise their own First Amendment rights as being part of a mob.”

“The FACE Act does not impose liability for disruptive, offensive, or hostile advocacy,” she said.

Hayden dismissed the complaint without prejudice, granting federal prosecutors 30 days to file an amended complaint. A Justice Department spokesperson said the agency is reviewing the court order and evaluating their next steps.

WHAT HAPPENED?

Demonstrators said they were protesting a real estate seminar about buying property in Jerusalem, which they claimed is “stolen land.”

Federal prosecutors characterized the gathering as an “Israel real estate fair and ‘Ruach’ (spiritual) event.”

According to the U.S. Justice Department, the event was initially slated to take place at a private home near Ellis Street and Forest Avenue. The location was moved to a nearby synagogue – Congregation Ohr Torah – amid security concerns after someone hand-delivered a letter demanding cancellation of the event to one of the organizer’s homes.

On Nov. 13, dozens of demonstrators gathered at the intersection, eventually marching toward the synagogue a few blocks away. Prosecutors allege that the protesters “surged” through a police line set up at a nearby fire station and marched onto the synagogue’s front lawn sounding vuvuzelas: long, thin horns.

Prosecutors said that multiple protesters blew their horns close to one of the organizers, Moshe Glick, causing him to swat the instruments away. One of the pro-Palestine demonstrators, Altaf Sharif, allegedly squared off with Glick and “charged towards him” – which caused another pro-Israel supporter, David Silberberg, to pepper spray Sharif in his eyes.

According to prosecutors, another pro-Palestine demonstrator – Eric Camins – allegedly called out “The Jew is here!” and pointed at Silberberg. Sharif then went after Silberberg, put him in a neck hold, threw him to the ground and dragged him down a hill toward the synagogue’s parking lot, authorities alleged.

The tussle continued, with several bystanders grouping around the two, including Glick, who eventually hit Sharif with a flashlight in an attempt to loosen his hold on Silberberg – leaving a large cut on his head.

• Related: West Orange Police Followed Protocol During Controversial Protest, Mayor Says

The Essex County Prosecutor’s Office eventually filed charges against Glick and Silberberg, charging them each with aggravated assault, bias intimidation and weapons offenses.

Former Gov. Phil Murphy issued a pardon to Glick before he left office earlier this year. READ MORE: NJ Man Pardoned Of Assault Charge After Clash Outside West Orange Synagogue

Meanwhile, federal prosecutors disputed protesters’ claims, accusing Sharif of putting Silberberg in a “chokehold” and pointing to video surveillance footage that captured parts of the scuffle (see photos below).

Federal prosecutors named several protesters in their civil complaint, including Sharif, Camins, Tova Fry, who allegedly delivered the letter to Glick’s home prior to the protest, another protester, Matt Dragon, and two unknown “Jane and John Does,” one of whom allegedly set off a stink bomb in the area.

Prosecutors also named two local advocacy groups – the New Jersey chapter of the National Party for Socialism and Liberation, and the New Jersey chapter of American Muslims for Palestine – accusing them of helping to organize and promote the protest.

“The defendants’ actions were motivated by the religious nature of the event and the Jewish identity – both as a race and religion – of the worshipers, as evidenced by antisemitic statements like ‘The Jew is here’ and the targeting of Glick’s prayer space and Congregation Ohr Torah, a synagogue,” prosecutors alleged.

The Justice Department’s complaint sought a permanent injunction to ban the defendants from coming within a 50-foot buffer zone of Congregation Ohr Torah’s main entrance or Glick’s home.

Federal prosecutors asked for a $31,670 civil penalty against each defendant for the first violation of the FACE Act, and a $52,786 penalty for each subsequent violation. Prosecutors also called for statutory compensatory damages for each person who was “intimidated or prevented from attending the religious event on Nov. 13, 2024.”

In her ruling last week, Hayden dismissed several of the prosecution's allegations, saying that they don't apply under the FACE Act, the New Jersey Monitor reported.

According to the judge:

• Prosecutors did not argue that Sharif's force was specifically aimed at stopping a religious observance
• Claims against Camins were dismissed because there was no proof that his shout of "the Jew is here" was inciting violence against Silberberg
• Fry isn't facing allegations that she did anything illegal at the protest, and delivering a letter with a legal threat isn't in violation of the law, which prohibits threats of physical violence
• Claims against Dragon were dismissed because prosecutors didn't claim he used force, obstructed access or interfered with worshippers at the protest: only that he was present and told Fry where the entrance to the synagogue was
• The groups that publicized the protest didn't include a threat of force in their social media posts

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