From Judge Charles Breyer's opinion earlier this month in Pauker v. Heart Consciousness Church, Inc. (N.D. Cal.):
Plaintiff Michael Pauker is a Jewish musician who contracted with Harbin Hot Springs …, an event venue with lodging, to perform at a Hanukkah concert. After Pauker made a Facebook post in support of Israel, Harbin cancelled the contract, citing concerns with political divisiveness and violence stemming from a community reaction to the post. Alleging that his Zionist beliefs are inextricably tied to his racial and religious identity, Pauker brought an action for racial and religious discrimination against [Heart,] … the owner and operator of Harbin, and Derek Cyr, an individual who purportedly attacked Pauker online and raised issues with his scheduled performance at Harbin….
Shortly after [Pauker entered into the contract, in December 2024], Pauker began to receive messages on social media from a user named Derek Cyr. In 2023, Pauker had made a Facebook post in support of Israel following the Hamas attack on Israel on October 7. Cyr's messages were highly critical of Pauker. Cyr said Pauker played "genocide music" and that Harbin should cancel Pauker. The social media harassment continued on public pages, with accusations of Pauker supporting the death of innocents.
Following Cyr's social media posts, Harbin notified Pauker that it was going to cancel Pauker's performance due to "unforeseen events," such as "severe 'negative feedback' and Harbin's desire to avoid politics and divisiveness, including violence coming from any party." After the cancellation, Cyr messaged Pauker, stating he was glad that Pauker would not be performing and that he would cancel Pauker wherever he went due to his alleged genocidal support. Concerned, Pauker shared the messages with Harbin. Harbin reiterated that the event was cancelled "due to community complaints about [Pauker's] 'Zionist views,'" including Pauker's post regarding October 7. Harbin told Pauker that the complaints were "from community members, including performers and presenters." …
