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DECLARATION OF TAHER HERZALLAH RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

CAIR LEGAL DEFENSE FUND

Lena F. Masri (D.C. Bar No. 100019) (seeking pro hac vice admission)

Email: lmasri@cair.com

Gadeir I. Abbas* (VA Bar No. 81161) (seeking pro hac vice admission)

Email: gabbas@cair.com

Carolyn M. Homer (D.C. Bar No. 1049145) (seeking pro hac vice admission)

Email: chomer@cair.com

453 New Jersey Ave., SE

Washington, DC 20003

Phone: (202) 742-6420

Fax: (202) 379-3317

KELLY / WARNER, PLLC

8283 N. Hayden Road, Suite 229

Scottsdale, Arizona 85258 

Raeesabbas Mohamed, Esq. (AZ Bar # 027418)

Email: raees@kellywarnerlaw.com

Phone: (480) 331-9397

Fax: (866) 961-4984

Attorneys for Plaintiffs

* Licensed in VA, not in D.C.

Practice limited to federal matters

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

PHOENIX DIVISION

AMERICAN MUSLIMS FOR PALESTINE

and DR. HATEM BAZIAN 

Plaintiffs,

vs.

ARIZONA STATE UNIVERSITY; ARIZONA 

BOARD OF REGENTS; and MARK 

BRNOVICH, in his official capacity as 

Attorney General of Arizona

Defendants.

Case No. CV-18-670-PHX-JJT

DECLARATION OF TAHER HERZALLAH 

ON BEHALF OF AMERICAN MUSLIMS 

FOR PALESTINE IN SUPPORT OF 

PLAINTIFFS’ MOTION FOR 

PRELIMINARY INJUNCTIVE RELIEF

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 1 of 13
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– 1 – DECLARATION OF TAHER HERZALLAH RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

DECLARATION OF TAHER HERZALLAH

1. I am Taher Herzallah, the Associate Director of Outreach & 

Community Organizing for American Muslims for Palestine (“AMP”). I have 

personal knowledge of the facts set out in this Declaration. If called upon as a 

witness I would competently testify as to the matters stated herein.

2. In my capacity as the Associate Director of Outreach & Community 

Organizing, I act as a liaison between AMP and activist, religious, and educational 

student associations on college campuses across the United States. I help create and 

publish educational materials on Palestine for use by student organizations. I also 

help train students on how to conduct effective advocacy campaigns, and I help 

coordinate logistics and press for campus events related to Muslims and Palestine. 

On behalf of AMP I also issue grants to help cover student organizations’ costs, such 

as travel expenses, associated with engaging in Palestinian advocacy and bringing 

outside speakers to their campuses. 

3. American Muslims for Palestine is the leader of the international

Boycott, Divestment, and Sanctions (“BDS”) movement in the United States. BDS 

is a peaceful movement intended to impose economic and social pressure on the 

Israeli government to alter its behavior towards and maltreatment of Palestinians. 

BDS is a movement in the broad sense of the term; is not centrally run by any single 

leader or organization, but rather encompasses a general global effort to peacefully 

protest Israel’s maltreatment of Palestinians. The precise forms of economic, 

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– 2 – DECLARATION OF TAHER HERZALLAH RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

academic, cultural, and political protest in support of the BDS movement vary 

between individuals and organizations. 

4. BDS activity in the United States often focuses on identifying, and then 

boycotting, Israeli and American companies which directly profit off of the 

continuing Israeli occupation of Palestinian territory or which are otherwise directly 

involved in continuing violations of Palestinian’s fundamental rights. For example, 

American Muslims for Palestine spearheaded a BDS boycott campaign against 

SodaStream, an Israeli company which operated a factory in the occupied West 

Bank. In October 2014, SodaStream announced that it would close the factory in 

response to the boycott.

5. AMP seeks to unite the American Muslim community behind 

meaningful political advocacy in support of Palestine. AMP routinely pushes for 

civic engagement, such as through peaceful protests, educational events, letterwriting campaigns, and in-person meetings. On March 19, 2018, more than 150 

individuals associated with AMP are slated to participate in the Fourth Annual 

Palestine Advocacy Day on Capitol Hill in Washington, D.C. AMP also regularly 

participates in international policy discussions regarding Palestine. For example, 

Dr. Osama Abuirshaid, AMP’s National Policy Director, has presented on Palestine 

at the United Nations in New York.

6. I have been the primary point of contact between American Muslims 

for Palestine and the Muslim Students Association at Arizona State University (“the 

MSA”) regarding an event the ASU MSA is hosting on April 3, 2018 on the topic of 

Palestine and the Boycott, Divestment, and Sanctions movement. On February 22, 

2018, the Muslim Students Association issued an invitation for American Muslims 

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– 3 – DECLARATION OF TAHER HERZALLAH RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

for Palestine to present alongside Dr. Hatem Bazian at the April event. I believe 

such events are critical to educating communities, encouraging student advocacy, 

and ensuring the success of AMP’s mission. I would like to attend this event. 

7. A true and correct copy of the February 22, 2018 invitation I received is 

attached as Exhibit A. The invitation includes, as an attachment, a copy of Arizona 

State University’s standard “Speaker / Artist / Performer Agreement.” It is my 

understanding that unless AMP fills out and signs this Agreement, it will not be 

permitted to present at the April 3, 2018 campus event on the BDS movement.

8. Although I have authority to sign campus speaker agreements generally 

on behalf of AMP, I cannot in good faith sign Arizona State University’s Agreement. 

This is because of one, and only one, objection. Paragraph 20 of the Agreement 

requires me to swear on behalf of AMP: “No Boycott of Israel. As required by 

Arizona Revised Statutes § 35-393.01, Entity certifies it is not currently engaged in 

a boycott of Israel and will not engage in a boycott of Israel during the term of this 

Contract.” Neither I nor AMP can agree to that clause, because AMP both engages 

in and advocates for boycotts of Israel due to its political leadership of the BDS 

movement within the United States. If the “No Boycott of Israel” clause is stricken 

or declared unenforceable, I will sign the Agreement, enabling AMP to participate in 

the April 3, 2018 event.

9. I have previously been involved with Palestinian activism at Arizona 

State University. Back in 2009 and 2010 I was a student at the University of 

California at Riverside and I was heavily involved in Riverside student 

organizations which advocated for Palestine. During those years I helped construct 

a “Mock Apartheid Wall.” The “Mock Apartheid Wall” is 10 feet tall and 60 feet 

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– 4 – DECLARATION OF TAHER HERZALLAH RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

long. The purpose of the “Mock Apartheid Wall” (and others like it) is to symbolize 

the literal barrier that Israel erected in the West Bank starting in the year 2000, and 

which has been used to establish Israeli dominance over and decrease the physical 

and economic mobility of Palestinians ever since. The “Mock Apartheid Wall” is 

inscribed with art and educational messages regarding Israel’s violations of 

international law and the plight of the Palestinian people. A photo of the Mock 

Apartheid Wall, as displayed at U.C. Irvine in 2010, is below:

10. In 2009 and 2010 the Arizona State University chapter of Students for 

Justice in Palestine borrowed our “Mock Apartheid Wall” for their annual 

“Apartheid Week” events on campus. This is why the photo above has red “ASU” 

letters on the second panel – they indicate that the Wall had travelled to Arizona 

State University. I personally helped transport the Wall to Tempe, Arizona, where 

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 5 of 13
Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 6 of 13
Exhibit A

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 7 of 13
2/26/2018 ampalestine.org Mail - BOS event at ASU 

V • 

~p 

Taher Herzallah <taher@ampalestine.org> 

--------------------------------------- BDS event at ASU 

MSA ASU <msaasu@gmail.com> 

To: taher@ampalestine.org 

Thu, Feb 22, 2018 at 10:10 AM 

Salam Taher, I hope this finds you well insha'Allah. This is Zain Siddiqi from the MSA at Arizona State. We would love to 

have AMP over at ASU for an event on the BOS movement on April 3rd. We are also bringing Dr. Hatem Bazian and 

would love to have AMP alongside him. Attached is the speaker form we just need you to sign and then we can go ahead 

and book you for the date insha'Allah if you agree. 

Muslim Students Association of ASU , Board 2017-18 

President: Hadi Naseredden, Vice President: Zain Siddiqi, Treasurer: Aamirah Chisti, Secretary: Nefisa Iman, Outreach Director: Huda Khalife, Social 

Director: Nadia Muraweh, Service Director: Samira Said, Education Director: Sarni Omais, Social Media Director: Nafisa Thorpe 

' If you would like to be removed from this list, please email us back with "unsubscribe" in subject line 

' If you would like to add an email address of your own or a friend's to this list, please submit it through this link 

~ ASU_Speaker_Agrmt_Form.pdf 

53K 

https://mail.google.com/mail/u/0/?ui=2&ik=70c3ffc5e6&jsver=iEEFj798Mlw.en.&view=pt&msg=161 be11 c97b3b79d&search=inbox&siml=161 be11 c97b3. .. 1 /1 

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 8 of 13
1

Revised 9.8.2016

SPEAKER/ARTIST/PERFORMER AGREEMENT

This Agreement is entered into as of ______________, 20__, between the Arizona Board of Regents acting 

for and on behalf of Arizona State University (“ASU”) and ____________________________ 1

(“Speaker”), 

or _________________________________________________________, a 

________________, 2 as the authorized agent for Speaker. If Speaker is represented by an authorized agent, 

then references to Speaker herein will also refer to the authorized agent, where appropriate.

1. Engagement; Event. ASU hereby engages Speaker to personally provide the following services, and 

Speaker agrees to personally provide to ASU the following services (the “Presentation”) at the following 

Event (the “Event”): 

Event/Location: 

Dates and times of Event:

Speaker’s Presentation schedule: 

Title of Speaker’s Presentation: 

Speaker’s hospitality requirements: 

Speaker’s technical requirements: 

2. Notice. Any communication or notice required under this Agreement shall be in writing and may either 

be given by personal delivery or sent, in all cases, against receipt, addressed to the following:

If to ASU: If to Speaker:

Attn: Attn: 

Email: Email: 

Notice shall be deemed to be received upon receipt by the receiving party.

3. Speaker Warranty. Speaker warrants that at all times during the Event, Speaker will personally provide 

Speaker’s best professional efforts. Speakers’ professional credentials are such that Speaker can provide the 

Presentation in a knowledgeable and professional manner.

4. Payment. ASU shall pay Speaker the all-inclusive fee of $_______________ upon completion of the 

Presentation. Speaker shall complete a Substitute W-9 Form, which must be signed by the person or entity to 

whom payment is to be issued. ASU will issue all payment in accordance with the information on the 

completed and signed Substitute W-9 Form.

1 – If an authorized agent is signing, please be sure to fill in the speaker name as well.

2 – Include full legal name of authorized agent, state of formation, and type of entity (for example: ABC, Inc., an Arizona Corporation.)

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 9 of 13
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Revised 9.8.2016

5. Acceptance of Agreement. Speaker will accept and return this Agreement to ASU no later than 

_____________, 20__. In all events, this Agreement must be fully signed and received at ASU at least one 

week prior to the Event to allow on-time payment. This Agreement must be fully signed before payment can 

be processed. Please return a signed copy of this Agreement to ASU at the address set forth in Section 16.

6. Compliance with Law. Speaker will comply with all applicable published ASU, City, County, State and

Federal laws, acts, codes, regulations and policies, including all applicable federal immigration laws and 

regulations that relate to employment.

7. Press Materials. Speaker shall timely supply all press/promotion material requested by ASU.

8. Educational Component. ASU is required to include some type of educational component with every 

program presented by ASU. Speaker shall work with ASU to develop a satisfactory educational component.

9. Indemnity. Speaker shall indemnify, defend, and hold ASU harmless for, from, and against, any all 

claims, demands, suits, costs and damages (including reasonable attorneys’ fees) that ASU may incur by 

reason of any: (a) actual or alleged infringement or violation of any copyright, or other proprietary right by 

Speaker; (b) claim for damages arising from Speaker’s Presentation; or (c) any of Speaker’s costs and 

liabilities arising out of the Presentation or Event, including without limitation: travel and meal expenses; 

union dues; taxes; agents’ commissions or other expenses or obligations; damages to Speaker’s equipment 

or materials; compensation to third parties engaged by Speaker; compensation for lost or stolen equipment or 

materials; workers compensation or other insurance; and any expenses not preapproved by ASU in writing.

10. Indemnification Limitation. ASU is a public institution and, as such, any indemnification, liability 

limitation, or hold harmless provision will be limited as required by Arizona law, including without 

limitation Article 9, Sections 5 and 7 of the Arizona Constitution and A.R.S. §§ 35-154 and 41-621. 

Therefore, notwithstanding any other provision of this Agreement to the contrary, ASU’s liability under any 

claim for indemnification is limited to claims for property damage, personal injury, or death to the extent 

caused by acts or omissions of ASU.

11. Default, Remedies, Force Majeure, Cancellation.

11.1 Default. Failure by either party to perform as specifically described herein shall be deemed to be 

an “Event of Default” hereunder. 

11.2 Remedies. Upon the occurrence of an Event of Default, the non-defaulting party (1) shall have all 

the remedies afforded by law and in equity; and (2) shall have the right to terminate this Agreement.

11.3 Force Majeure. Neither Speaker nor ASU shall be liable for failure to perform hereunder if failure 

is caused by civil tumult, strike, epidemic, or any cause beyond the control of the parties. Labor 

difficulties due to the ingestion of alcohol or illegal substances will not be deemed labor difficulties and

will not be deemed an event of Force Majeure.

11.4 Cancellation. If the Event is cancelled by ASU, reasonable efforts will be made to reschedule.

12. Liability; Insurance. Speaker, at its expense, will procure and maintain, for the duration of the Event, a 

policy of commercial general liability insurance in an amount of not less than $1,000,000, single limit, 

against claims for bodily injury, death and property damage occurring in connection with the Event and the 

Presentation. This insurance must name the Arizona Board of Regents, Arizona State University, and the 

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 10 of 13
3

Revised 9.8.2016

State of Arizona as additional insureds. Speaker must provide ASU with a certificate evidencing this 

insurance coverage no later than 10 days prior to the Presentation.

13. No Assignment. Neither party shall have the right to assign any rights or obligations under this 

Agreement without the prior written consent of the other party.

14. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties 

with respect to its subject matter. No prior or contemporaneous agreement or understanding will be effective.

15. Governing Law and Venue. This Agreement will be governed by the laws of the State of Arizona 

without regard to any conflicts of laws principles. ASU’s obligations hereunder are subject to the 

regulations/policies of the Arizona Board of Regents. Any proceeding arising out of or relating to this 

Agreement will be conducted in Maricopa County, Arizona. Each party waives any objection it may now or 

hereafter have to venue or to convenience of forum.

16. Independent Contractor. Speaker is an independent contractor and is not an employee of ASU. Neither 

Speaker nor any personnel of Speaker will for any purpose be considered employees or agents of ASU. 

Speaker assumes full responsibility for the actions of Speaker’s personnel, and is solely responsible for their 

supervision, direction and control, payment of salary and expenses (including withholding income taxes and 

social security), worker’s compensation, and disability benefits.

17. Recordings; Use of Name and Likeness. Both parties may record the Presentation for internal records. 

No recording of the Presentation, either visual or audio, will be made by or on behalf of Speaker for the 

purposes of profit or significant distribution without prior written approval from ASU. ASU may require an 

additional payment for the privilege, and may require Speaker to sign a filming/recording agreement. ASU 

may record the Presentation on video tape, audio tape, film, photograph or any other medium, use Speaker’s 

name, likeness, voice and biographical material in connection with these recordings for purposes within the 

ASU mission, including education and research, and exhibit or distribute the recording in whole or in part 

without restrictions or limitation for any educational or promotional purpose that ASU deems appropriate.

18. No Revenue Sharing. Speaker shall not participate in any revenues associated with the Presentation or 

Event. This includes: sponsorship, ticketing, ticketing fees, ASU concessions revenues, and any other 

revenue streams that may be associated with the Event.

19. Non-discrimination. The parties will comply with all applicable state and federal laws, rules, 

regulations, and executive orders governing equal employment opportunity, immigration, and 

nondiscrimination, including the Americans with Disabilities Act. If applicable, the parties will abide by

the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit 

discrimination against qualified individuals based on their status as protected veterans or individuals 

with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, 

sex, or national origin. Moreover, these regulations require that covered prime contractors and 

subcontractors take affirmative action to employ and advance in employment individuals without 

regard to race, color, religion, sex, national origin, protected veteran status or disability.

20. No Boycott of Israel. As required by Arizona Revised Statutes § 35-393.01, Entity certifies it is not currently 

engaged in a boycott of Israel and will not engage in a boycott of Israel during the term of this Contract. 

21. Conflicts of Interest. In accordance with Arizona Revised Statutes (“A.R.S.”) § 38-511, ASU may cancel 

this Agreement within three years after the execution of this Agreement, without penalty or further 

obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or creating this 

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 11 of 13
4

Revised 9.8.2016

Agreement on behalf of ASU, at any time while this Agreement or any extension thereof is in effect, is an 

employee or agent of any other party to this Agreement in any capacity or a consultant to any other party 

with respect to the subject matter of this Agreement. Notice is provided of A.R.S. § 41-753D.

22. Arbitration in Superior Court. In the event of litigation, as required by A.R.S. § 12-1518, the parties 

agree to make use of arbitration in all contracts that are subject to mandatory arbitration pursuant to rules 

adopted under A.R.S. § 12-133.

23. Records. To the extent required by A.R.S. § 35-214, the non-ASU parties to this Agreement (jointly and 

severally, “Entity”) will retain all records relating to this Agreement. Entity will make those records available 

at all reasonable times for inspection and audit by ASU or the Auditor General of the State of Arizona during 

the term of this Agreement and for a period of five years after the completion of this Agreement. The records 

will be provided at Arizona State University, Tempe, Arizona, or another location designated by ASU on 

reasonable notice to Entity.

24. Failure of Legislature to Appropriate. In accordance with A.R.S. § 35-154, if ASU’s performance under 

this Agreement depends on the appropriation of funds by the Arizona Legislature, and if the Legislature fails 

to appropriate the funds necessary for performance, then ASU may provide written notice of this to Entity 

and cancel this Agreement without further obligation of ASU. Appropriation is a legislative act and is 

beyond the control of ASU.

25. Weapons, Explosive Devices, and Fireworks. ASU prohibits the use, possession, display or storage of 

any weapon, explosive device or fireworks on all land and buildings owned, leased, or under the control of 

ASU or its affiliated or related entities, in all ASU residential facilities (whether managed by ASU or another 

entity), in all ASU vehicles, and at all ASU or ASU affiliate sponsored events and activities, except as 

provided in A.R.S. § 12-781 or unless written permission is given by the Chief of the ASU Police 

Department or a designated representative. Notification by Entity to all persons or entities who are 

employees, officers, subcontractors, consultants, agents, guests, invitees or licensees of Entity (“Entity 

Notification Parties”) of this policy is a condition and requirement of this Agreement. Entity further agrees 

to enforce this contractual requirement against all Entity Notification Parties. ASU’s policy may be accessed 

through the following web page: http://www.asu.edu/aad/manuals/pdp/pdp201-05.html.

26. Student Educational Records. Student educational records are protected by the federal Family 

Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”). Entity will comply with FERPA and 

will not access or make any disclosures of student educational records to third parties without prior notice to 

and consent from ASU or as otherwise provided by law. If this Agreement contains a scope of work or any 

provision that requires or permits Entity to access or release any student records, then, for purposes of this 

Agreement only, ASU hereby designates Entity as a “school official” for ASU under FERPA, as that term is 

used in FERPA and its implementing regulations. As such, Entity will comply with FERPA and will not 

make any disclosures of ASU students’ educational records to third parties without prior notice to, and 

consent from, ASU or as otherwise permitted by law. In addition, any access or disclosures of student 

educational records made by Entity or its employees and agents must comply with ASU’s definition of 

legitimate educational purpose, which definition can be found at: SSM 107-01: Release of Student 

Information (http://www.asu.edu/aad/manuals/ssm/ssm107-01.html). If Entity violates the terms of this 

section, Entity will immediately provide notice of the violation to ASU.

27. Authorized Presence Requirements. As required by A.R.S. § 41-4401, ASU is prohibited from awarding 

a contract to any contractor or subcontractor that fails to comply with A.R.S. § 23-214(A) (verification of 

employee eligibility through the e-verify program). Entity warrants that it and its subcontractors comply fully 

with all applicable federal immigration laws and regulations that relate to their employees and their 

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 12 of 13
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Revised 9.8.2016

compliance with A.R.S. § 23-214(A). A breach of the foregoing warranty will be deemed a material breach 

of this Agreement that is subject to penalties up to and including termination of the Agreement. ASU retains 

the legal right to inspect the papers of any contractor or subcontractor employee who works hereunder to 

ensure that the contractor or subcontractor is complying with the warranty stated above.

28. Tobacco-Free University. ASU is tobacco-free. For details visit http://www.asu.edu/tobaccofree.

29. Authority. If an individual or entity signs below on behalf of Speaker, such signatory represents and 

warrants that he/she/it has full and current authority to act and contract on behalf of Speaker and obligate 

Speaker, and that this Agreement is binding upon and enforceable against Speaker and the undersigned (if 

not Speaker) in accordance with its terms.

AGREED:

PRINT NAME OF SPEAKER, OR ARIZONA BOARD OF REGENTS

AUTHORIZED AGENT ON BEHALF OF FOR AND ON BEHALF OF

SPEAKER ARIZONA STATE UNIVERSITY

Signature Signature

Signatory Please Print Name Signatory Please Print Name

Signatory Please Print Title Signatory Please Print Title

Date Signed Date Signed

Case 2:18-cv-00670-JJT Document 9-2 Filed 03/02/18 Page 13 of 13