In the video, the person identified as Karimi says that she declared on Instagram that she would not serve those who support Israel (She also adds that she got Watson to sign a release for the video):
I have included Watson’s full account below. She said that she was “nauseated” after a pleasant conversation turned nasty when she alluded to be Israeli. She claims that Karimi immediately declared “I can’t provide service to an Israeli. It’s against my political beliefs.”
We previously discussed businesses refusing to prepare cakes, websites, and other products over conflicting religious or political beliefs.
In prior columns, academic articles, and my book, “The Indispensable Right, I discussed the never-ending litigation targeting Jack Phillips, the Christian baker who declined to make cakes that violated his religious beliefs.
The case went all the way to the Supreme Court in what many of us hoped would be a final resolution of this conflict. I had long criticized the framing of the case (and other cases) under the religious clauses rather than treating it as a matter of free speech. In the end, the Supreme Court punted in a maddening 2018 decision that technically ruled in favor of Phillips based on a finding that the Colorado Civil Rights Commission showed anti-religious bias against Phillips.
In 2023, the Supreme Court delivered a major victory for free speech in 303 Creative v. Elenis, when it ruled that Lorie Smith, a Christian website designer, could refuse to provide services for a same-sex marriage. Justice Neil Gorsuch wrote, “the framers designed the Free Speech Clause of the First Amendment to protect the ‘freedom to think as you will and to speak as you think.’ … They did so because they saw the freedom of speech ‘both as an end and as a means.’”
Notably, in cases like Masterpiece Cakeshop, Phillips insisted that he would always sell cakes to any couple, including same-sex couples. He only refused to make cakes specifically celebrating same-sex marriages due to his religious views. In this case, Karimi is refusing to perform the same services for Watson due to her identity. Eyebrow trimming does not convey a political or religious viewpoint.
The Virginia Human Rights Act is designed to:
“Safeguard all individuals within the Commonwealth from unlawful discrimination in employment because of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, disability, or military status.”
Karimi is likely to argue that she was not refusing service due to Watson’s religious or national origin but her support for Israel, a political position. That could be difficult to maintain since Watson merely noted that she is part Israeli.
The case is reminiscent of the abusive treatment afforded to Harvard Law Professor Alan Dershowitz at Martha’s Vineyard by a pierogi stand. He was also refused service over his political views.
The line between national origin and religious discrimination versus political discrimination can be tenuous and unclear. Watson would have the advantage in my view under the state law in asserting discrimination. In the video, the owner states it is her national identity that is causing the action: “Get out of my shop. I can’t provide service to an Israeli. It’s against my political beliefs. You need to leave immediately.”
It is not clear if Watson will now move forward with a formal complaint.
Jonathan Turley is a law professor and the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
N.B.: Here is part of Watson’s account:
I’m nauseated even having to write this, but I won’t be quiet about it. I want my friends—Jewish and non-Jewish—to know what I experienced at a salon in Alexandria, Virginia, because I refuse to let antisemitism become normalized in our country.
I went to the salon yesterday to get my eyebrows done. The esthetician turned out to be Afghan. I was delighted, since I just finished writing a novel based on true stories that is partly set in Afghanistan. I told her about the amazing Afghans I interviewed for the book. We talked warmly about our shared love of Afghan poetry and food. Then she asked me to tell her more about the premise of my novel.
My story is about a Muslim Afghan refugee and the son of Jewish immigrants who forge an unlikely friendship in post-9/11 Alabama, only to find that their shared gift for languages draws them into America’s shadow war in Afghanistan. I joked about how I went down a rabbit hole studying Islam and Sufism to create the Muslim character, but that I at least had an easier time sketching the Jewish half-Israeli character, since I’m Jewish and half-Israeli myself.
The woman stopped short. Then, “Get out of my shop.”
“Excuse me?”
“I can’t provide service to an Israeli. It’s against my political beliefs. You need to leave immediately. And there is no such thing as Israel. It’s Palestine. A bunch of Jews from New York showed up a few years ago and stole the land from the Arabs.”
(A bunch of Jews from New York showed up and…what?! This would’ve been funny if it wasn’t so insane.)
Shocked, I began packing up my purse to leave. The woman took out her phone and began recording me while chanting, “Free, free Palestine!” I asked her to stop recording me. She said I had signed a photo / video waiver and she had every right to record me. She then demanded I apologize for the genocide.
I told her there is no genocide, I wasn’t apologizing for anything, and that she was totally out of line for subjecting a customer to blatantly racist harassment. (By the way, denying service to someone based on their nationality is illegal in this country.) I also told her she needed to give me a full refund, since I hadn’t received the service I’d booked. She told me she was keeping the money and that I should be ashamed of myself and my people.
I was wearing a T-shirt she had given me for the treatment, so I asked her to stop recording while I changed back into my own clothes. She didn’t. I turned my back to the camera and changed anyway while she continued chanting “Free Palestine!” I’m pretty sure whatever waiver I signed didn’t give her permission to record me while I was half-naked.
I left the salon completely shaken. I cried all the way home. I cried for my kids and the uncertainty of their future as Jews in the United States. For all the lies we can’t possibly fight. For our people having to put up with this total bullsh*t.
We don’t deserve this.
I’m not naïve about the fact that the majority of Afghans are Muslim and that relations between Jews and Muslims are highly tense right now. The irony of this situation is that we had spent the previous minutes bonding over the very culture I had spent years trying to understand and portray with empathy, only for that curiosity and goodwill to be stamped on the moment she learned I was Jewish.
In the meantime, I already contacted my bank. They immediately refunded the money and contacted the woman to let her know they would be withdrawing the funds based on the incident I reported. I would also like to report what happened to any appropriate authorities and organizations in the D.C. area. If anyone knows specifically where an incident like this should be reported, please let me know.
Likely not much legal action will come of it (unless she is dumb enough to post the video), but I want a record of what happened. I want to at least do my part to make sure this kind of discrimination isn’t quietly accepted as the new normal for Jews in the United States.