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–Editorial
At the Holocaust Museum Los Angeles, Governor Gavin Newsom signed Assembly Bill (AB) 2867, an important piece of legislation authored by Assemblymember Jesse Gabriel (Encino). The bill, designed to assist California residents in reclaiming art and personal property stolen during the Holocaust or due to other acts of political persecution, marks a significant milestone in the fight for justice and restitution for victims and their families.
The bill was introduced following a decision by the Ninth Circuit Court of Appeals that allowed a Spanish museum to retain possession of a famous Impressionist painting, Rue Saint-Honoré in the Afternoon, Effect of Rainvby Camille Pissarro, stolen by the Nazis from the Cassirer family during World War II. The painting, which holds both immense monetary and sentimental value, has been the subject of a lengthy legal battle. The Ninth Circuit’s ruling, which applied Spanish law rather than California law, enabled the museum to keep the painting. In response, AB 2867 now mandates that California law must apply in lawsuits involving the theft of art or other property looted during the Holocaust or similar acts of political persecution.
“For survivors of the Holocaust and their families, the fight to reclaim ownership of art and personal items stolen by the Nazis continues to traumatize those who have already endured the unimaginable,” said Governor Newsom at the bill signing. “It is both a moral and legal imperative that these valuable and sentimental pieces be returned to their rightful owners, and I am proud to strengthen California’s laws to help secure justice for families.”
AB 2867 is designed to address the legal complexities that arise when multiple jurisdictions, each with different laws regarding restitution, are involved in disputes over stolen property. In the case of the Cassirer family, who had been battling for decades to recover their painting, the Ninth Circuit ruling in favor of the Spanish museum came as a devastating blow. However, this new California law seeks to change the legal landscape for future cases, ensuring that California courts apply state law in similar disputes.
Assemblymember Jesse Gabriel, who authored the bill, emphasized its importance during the signing ceremony. “Governor Newsom’s signature on this bill is a victory for morality and justice and will ensure that California continues to stand on the right side of history,” he said. “AB 2867 will empower Holocaust survivors and other victims of persecution to reclaim stolen property and sends a clear message to those who refuse to return stolen art.”
The event at the Holocaust Museum LA brought together several notable individuals, including Assemblymember Gabriel, his wife Rachel Rosner, and their son Ethan; David Cassirer, a descendant of the family whose painting was stolen, and the family’s attorney Sam Dubbin; Guy Lipa, grandson of Holocaust survivors and Board Chair at the Holocaust Museum LA; Daniel Gryczman, grandson of Holocaust survivors and Board Vice Chair of the LA Jewish Federation; and Beth Kean, CEO of the Holocaust Museum LA.
David Cassirer expressed his gratitude, noting that AB 2867 offers renewed hope for his family and others in similar situations. “California has drawn a clear line under AB 2867, enabling the family to finally recover our impressionist masterpiece and protecting all stolen art victims, including other Holocaust victims and their families in the future.”
Sam Dubbin, the attorney representing the Cassirer family, underscored the broader implications of the new law. “The people of California have now made it clear that they are on the side of the rightful owners of stolen art and will not reward theft and trafficking. For families in California, AB 2867 will go a long way to eliminate the incentive from governments, museums, and collectors to distort and deny the true horrors of the Holocaust to hold onto Nazi loot.”
AB 2867 builds on existing California law aimed at assisting residents in reclaiming stolen property, including property stolen during the Holocaust. Both Attorney General Rob Bonta and former Attorney General Kamala Harris previously argued that California law should apply in cases like that of the Cassirer family, who were forced to surrender their painting to the Nazis at the beginning of World War II. Despite such arguments, the Ninth Circuit recently ruled that Spanish law, not California law, should apply in the Cassirer case, enabling the Spanish museum to retain the painting. AB 2867 now clarifies the state’s stance, reinforcing its commitment to justice for Holocaust survivors and their descendants.
The passage of AB 2867 reflects California’s leadership in fighting for Holocaust survivors and their families, ensuring that justice is not denied by technicalities or jurisdictional loopholes. It sends a clear message to governments, museums, and collectors around the world: stolen art must be returned to its rightful owners. For the Cassirer family and countless others, this legislation marks a significant step toward healing and justice, reaffirming that the horrors of the Holocaust will not be compounded by the continued possession of looted property.
