Lee Miller, a Jewish teacher who sued his union over what he called a “despicable” anti-Israel flyer — and won — was visibly nervous and teary-eyed as he testified Wednesday during an appeal hearing in San Francisco Superior Court.
Miller, a special education teacher who works with autistic children at Aptos Middle School in San Francisco, was awarded $7,700 by a small claims court in May after he sued the United Educators of San Francisco (UESF). Miller was seeking partial repayment of $3,000 in dues after union leaders emailed a flyer to members about an event tied to the one-year anniversary of the Oct. 7, 2023, Hamas attack on Israel.
The flyer stated, “One year of genocide, one year of resistance.” Its background featured an illustration of a person wearing a kaffiyeh as a face mask, which to Miller resembled a Hamas terrorist. The flyer also promoted “free massages” for union members.
“The imagery of a Hamas terrorist celebrating the Oct. 7 massacre was a thousand steps too far for me,” Miller told J. on Thursday.
For Miller, who quit the union, this case hasn’t been about money. He offered the union multiple chances to settle the matter in exchange for a public apology for the flyer. But he said the union wouldn’t settle. In the end, a small claims court judge awarded Miller much more than he’d requested, including for emotional damages.
UESF filed to appeal that decision in Superior Court.
Two attorneys represented the union at the hearing. Miller was represented by a pro bono attorney through the Louis D. Brandeis Center for Human Rights Under Law, a Jewish civil rights firm that has gained a national reputation for combating both antisemitism and anti-Zionism on college campuses.
Miller described the 45-minute hearing, which took place on the third day of the new school year, as “emotional” and painful at times.
During his testimony, Miller said that several teachers at his school have stopped speaking to him because of fallout with the union over its flyer and anti-Israel activism. The friction at school has made it difficult for Miller to collaborate with his colleagues, he said, even though such communication is essential for his students to successfully integrate into their classes.
No ruling was issued Wednesday. Instead, Judge Samuel Feng will review the arguments and evidence before making a decision.
Viviane Safrin, a Jewish San Francisco resident, sat in the public gallery during the hearing. Safrin volunteers as an advocate for Jewish families facing issues of antisemitism in K-12 schools.
Safrin described what she saw during the hearing, including Miller’s response when Feng reviewed the flyer.
“Looking at that flyer again, talking about the fact that it went out to all members of the union, he got teary-eyed just as the judge was looking at it,” Safrin told J.
Safrin was joined by seven other Jewish community members, including four teachers in the San Francisco Unified School District, who wanted to support Miller.
UESF President Cassondra Curiel testified on behalf of the union. Union Vice President Frank Lara, a defendant in the lawsuit, was present but did not testify.
Neither Curiel nor Lara responded to J.’s request for comment.
During testimony, Curiel defended the flyer and said the union’s pro-Palestinian stance is the result of a democratic process that determines which causes it supports.
“The other teachers that came to support Lee were visibly shaking their heads, sighing, because it was very hard to sit and listen to this characterization in front of the court that was not their lived experience,” Safrin said.
Rachel Lerman, vice chair of the Brandeis Center, told J. on Thursday that even if members voted for their union to take a pro-Palestinian stance, there are limits.
“If it creates a hostile environment or is discriminatory, you can’t do it,” she said. “Hopefully the court gets that.”
Miller said he feels “disheartened” and isn’t optimistic that the judge will rule in his favor.
“If the judge awards me anything, that sends a clear message to the union that they need to think twice before sending something like that [flyer] out,” Miller said.
But isn’t he convinced that will be the outcome.
“I was hoping this would be the end of it,” Miller said about the appeal hearing. Instead, he anticipates that he’s about to take on a much longer legal fight.
“If, God forbid, that’s the case and they don’t have to pay anything, I just can’t leave it there. I’m going to fight them in some way,” he said.
Regardless of the judge’s decision, Lerman said, the Brandeis Center isn’t backing down either.
“This isn’t going to stop the problem all by itself. Even if they do lose a few thousand dollars, I don’t imagine they’re going to change their ways,” Lerman said. “That’s the end game — is to have them stop supporting Hamas and terrorists and stop calling Israelis genocidal.”
In the meantime, Lerman said, more SFUSD teachers have come forward to the Brandeis Center about having their Jewish or Israeli identities marginalized and shunned by the union.
“There’s a lot going on that’s pretty ugly,” Lerman said. “I don’t think we’re done with the San Francisco teachers union.”