A Jewish family from Brooklyn is blaming the NYC Department of Education (DOE) for a possible hate crime that took place at a Brooklyn elementary school graduation last month.
Lana Lerner of Bensonhurst said her family was verbally and physically assaulted after the fifth-grade graduation ceremony at P.S. 682 in Gravesend on June 14. The alleged incident comes at a time when antisemitism continues to plague the city, particularly since the start of the Israel – Hamas conflict on Oct. 7, 2023.
Lerner, her husband Johan Nunez, and other family members were at the school to celebrate the graduation of the couple’s twin children.
The family’s lawyers, Sanford Rubenstein and Mark Shirian, filed five notices of claim — one for each family member — on Monday against the DOE and P.S. 682, alleging that the agency “failed to provide adequate security measures” to prevent the attack.
“We want those responsible to be held accountable not only criminally but civilly as well,” Rubenstein told amNewYork Metro.
The family intends to sue the DOE and others for physical, personal and emotional injuries sustained as a result of the alleged incident.
Lerner told amNewYork Metro that during the graduation, a boy who was graduating donned a hat decorated in glitter with the phrase “Free Palestine” and also displayed a Palestinian flag when he received his diploma. She added that her mother, a Jewish immigrant from Ukraine, became upset, believing that the hat and flag were inappropriate for a school graduation, and moved her seat to the back of the auditorium.
While the graduation went off without a hitch, the families later bumped heads after the ceremony. Lerner told amNewYork Metro that while her family attempted to take photos in front of a school banner, relatives of the boy with the Palestinian flag began pushing her mother out of the way.
“They pushed my mom out of the way to fit themselves into the step-and-repeat [a backdrop used for photography],” she recounted. “My mom said ‘excuse me’ once, they did it again, my mom said excuse me twice, and then out of nowhere the older gentleman, who I presume is the father of the family, just turned to us and said ‘free Palestine’ out of nowhere.”
Lerner said her husband then told the man, “This is not the time or place,” and suggested everyone stay civil and relaxed.
The man then started yelling in Arabic, Lerner recounted, shouting phrases including “Gaza is ours” and “Death to Israel.”
The incident allegedly turned physical when Nunez was thrown to the ground, Lerner told amNewYork Metro. Court documents allege that a relative of the boy who was holding the Palestinian flag, Ez-Al Dean Bazar, put Nunez in a chokehold while others grabbed his legs and punched him.
“Punches are thrown at my husband and at this time my husband falls to the ground,” Lerner told amNewYork Metro.
The couple’s 16-year-old son, in an attempt to help his father, was punched in the face, Lerner claimed, adding that she, too, while recording the incident on her phone, was pulled by her hair, knocked to the ground as someone threatened her with death.
According to court documents, no security was on site during the melee to intervene or prevent the attack. The couple’s two younger children stayed off to the side while the fighting ensued.
Police were called to the scene and arrested Bazar, age 26, and charged him with third-degree assault. According to police sources, the incident is being investigated as a hate crime. Rubenstein said the outcome would ultimately be determined by the Brooklyn District Attorney’s office.
amNewYork Metro was not able to reach the Bazar family.
Following the incident, Nunez went to Maimonides Hospital after sustaining injuries to his head, elbows, and left knee. Nearly a month later, he said he still has “a lot of body pain” and is under physician care for his injuries. Lerner went to an urgent care facility for treatment for her injuries.
Although the family’s younger children were not hurt in the altercation, Rubenstein said they were still affected emotionally.
“They were in the zone of danger,” Rubenstein said. “There were no physical injuries but psychological damages for being in what we call a lawless zone of danger and were affected emotionally as a result.”
Shirian said there was no school representative at the step-and-repeat site, where families gathered for photo opportunities.
“It is our position that the DOE basically enabled this to occur because tensions are high, and they did not have adequate enough security and supervision of the parents, family and guests who attended this graduation to ensure that something like this will not escalate to the point of violence.”
Once the lawsuit is filed, the family will seek $100 million in damages, Rubenstein said.
“We think the DOE needs to consider the consequences when they allow such a display at a public graduation,” both Rubenstein and Shirian said.
A spokesperson for the DOE said the agency “does not comment on notices of claim.”
