WASHINGTON (JNS) – A federal judge ruled on Tuesday that an attack on a Jewish woman wearing an Israeli flag may constitute racial discrimination, allowing most of her lawsuit to proceed toward trial.

Kimmara Sumrall accused Janine Ali, 74, of approaching her from behind during a demonstration at the Dirksen Senate Office Building in Washington, D.C., in November 2024 and pulling the Israeli flag tied around her neck, briefly choking her.

Mark Goldfeder, director of National Jewish Advocacy Center, which is representing Sumrall, told JNS that “today, the court denied the motion to dismiss, which means the case is going forward.”

U.S. District Judge Trevor McFadden rejected Ali’s argument that the flag did not represent Jewish identity. “Sumrall supports Israel as an expression of her Jewish identity,” he wrote in the ruling.

“The Star of David, emblazoned upon the Israeli flag, symbolizes the Jewish race,” he wrote. “Battery, particularly involving a racial symbol, is strong evidence of racial discrimination.”

McFadden added that “it is quite a stretch to say that yanking on a flag tied around someone’s neck is an objection to state policies; battery is not a legitimate form of protest.”

Goldfeder called the ruling a “massive win.”

“The ‘it’s just anti-Zionism not antisemitism’ excuse has now been raised, briefed and rejected,” Goldfeder said. “On the record. Every defendant who reaches for that excuse will now find this opinion waiting.”

According to the filing, Sumrall had previously witnessed Ali, at other demonstrations, calling Jews “baby killer” and accusing Jews of “committing genocide” and being “disgusting ex-IDF soldiers.”