by Zaid Jilani, The Intercept:

IF YOU’RE A Texan looking to rebuild in the aftermath of Hurricane Harvey, you’d better not boycott Israel.

That’s the message being sent by the state, which has banned any contractor who supports the Palestinian-led Boycott, Divestment, and Sanctions, or BDS, campaign from receiving state funds.

If you’re confused why the two things are related, look to a bill that Texas’s Republican Gov. Greg Abbott signed into law in JulyHouse Bill 89prohibits the state from entering into contract with a business unless it “does not boycott Israel; and will not boycott Israel during the term of the contract.” The law applies even to businesses that would refuse to buy products made in illegal Israeli settlements on Palestinian land — as it defines Israel as both Israel proper and “Israeli-controlled territory.”

To see how this law works in practice, check out a sample application for a Harvey rebuilding contract from the city of Dickinson, Texas. The contract includes a section that requires the applicant to verify that they do not currently boycott Israel and will not do so during the duration of the contract:

Texas’s law is similar to the Kansas law that went into force this past summer. Under that law, a teacher is being punished for following her Mennonite Church’s guidance to boycott some companies that do business related to Israel’s occupation of the Palestinians. The American Civil Liberties Union has filed suit, saying that the law is unconstitutional.

As part of its legal complaint, the ACLU is citing the 1982 Supreme Court decision NAACP v. Claiborne Hardware Co. This case revolved around a group of NAACP activists and others, who boycotted certain white merchants over demands for desegregation. The white merchants took legal action to attempt to recoup damages from the boycott. The case went all the way up to the Supreme Court, which unanimously decided that the government can’t prohibit politically motivated boycotts.

“It is absolutely unconscionable for state and local governments to impose political litmus tests on disaster relief funds for people devastated by Hurricane Harvey,” Brian Hauss, an ACLU staff attorney based in New York, told The Intercept. “In this case, the City of Dickinson seems to be enforcing a Texas law that requires any state contractor, apparently including disaster relief recipients, to certify that they are not participating in boycotts of Israel. Like the law we challenged in Kansas, Texas’s law clearly violates the First Amendment. The government should not be denying disaster relief funds based on people’s political beliefs. We urge anyone asked to sign this certification to contact the ACLU of Texas.”

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