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Issue 223, Friday 30 November 2007 - 19 Dhu al-Qa'dah 1428
Arsenal fans to sue over anti Semitic chants
By Ayesha Abdullah
Three Arsenal season fans have filed law suits against the Gunners over racist chanting in the Emirates Stadium.
In a letter sent to the Arsenal Chairman, the fans - a Jew, a Muslim and a Christian - claim that the use of the anti-Semitic words “Yiddos” in reference to players and fans from Tottenham Hotspur amounts to a breach of Race Relations Act.
Their solicitor, Lawrence Davies, has asked the club to take immediate action.
Davies’ letter, sent earlier in November, claimed the fans can sue the club for breach of contract as Arsenal has a written policy of taking firm action against racist behaviour in the stadium.
Arsenal fans point out that Tottenham fans even refer to themselves as the “Yid Army”. However, Davies says the lose application of the word does not stop the language from being anti-Semitic.
Davies says in his letter, “The test in law is whether the language concerned causes offence to the person concerned. Our five clients are all Arsenal supporters and three are season-ticket holders. The season-ticket holders include a Jewish member and a Muslim member. They have all felt offended.”
He claims that by taking no action, the club would appear to be in breach of the Race Relations Act 1976 in the provision of a service or permitting harassment to occur without challenge.
His letter adds, “The season-ticket holders have a contractual relationship with the club. The contract states that fans exhibiting racist behaviour will have their contracts terminated and will be ejected form a particular match. None of the Yid chanters have been challenged.” Davies and his clients readily acknowledge that work has been done to combat racism in recent years.
He adds, “It is simply not sufficient to state in the match-day programme that the club is against racism...There needs to be an approach to tackle racism which educates fans on anti-racist behaviour.” The fans have also asked their lawyer to write to Chairman of Let’s Kick Racism Out Of Football, Herman Ousely, and Chairman of the Equality and Human Rights Commission, Trevor Phillips.
The legal challenge comes after Arsenal signed a £350,000 sponsorship deal with the Israeli tourism ministry in which images of players are used to promote the country as an ideal tourism destination.
An Arsenal spokesman said the club would not tolerate racist chanting adding, “Whether Arsenal supporters or visiting fans are responsible, we will take action - through the courts if necessary - to stamp out this unacceptable behaviour. Where evidence exists (including video evidence), prosecutions will follow.” The case has several parallels with that of Middlesborough’s Egyptian forward.
Mido, whose real name is Ahmed Hossam Hussein Abdelhamid, who was subjected to 90 minutes of sinister Islamophobic chanting of “terrorist” and “Mido, he’s got a bomb” by Newcastle fans in the 2-2 draw at the Riverside Stadium on August 26.
However, unlike this case, no Newcastle or Middlesbrough fan has come forward with a complaint or threat to sue under new human rights legislations.
The Muslim News exclusively revealed back in September that Middlesborough decided not to report the matter to the FA. Cleveland police were also criticised for not making arrests on the day. Kick It Out spokesman said at the time they were “disappointed by Cleveland Police for not taking any action”, putting the onus on the clubs to find witnesses and make complaints. Newcastle chairman also voiced his disgust at the incident but he too did not take any affirmative action to find the offenders.
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