Spurs merchandise on sale outside White Hart Lane. Photo by Jamie McDonald/Getty Images.
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“We are the Yids”: should Spurs fans be prosecuted for using the Y word?

The case against three Tottenham Hotspur fans accused of “a racially aggravated public order offence” undermines the battle against bigotry. Now that the prosecution has been discontinued, the threat to freedom of speech has been resisted – for now.

Last week, the Crown Prosecution Service announced it would “discontinue” the prosecution of three Tottenham Hotspur fans for a racially aggravated public order offence. The story of how the case was brought, and how the accused fans have been treated, is shameful. And it throws up some challenging questions.

It is the story of how three ordinary football fans were arrested, accused publicly of being racist, subject to months of psychological pressure, had presumptions of innocence cast aside and their characters called into question. All on the basis of what the Crown Prosecution Service eventually conceded, after spending a large sum of public money, was “insufficient evidence”.

Some background is necessary for those unfamiliar with the nuances of football’s subculture. Tottenham Hotspur have, for many years, been identified as a club with a large Jewish support. This is partly because of the club’s location in north London, although neighbours Arsenal also have a large Jewish following. During the 1970s and early 1980s, though, Tottenham Hotspur’s perceived Jewish connections led to the club’s fans being subjected to anti-Semitic abuse at games. In response, Spurs fans began to use the term “Yids” to identify themselves. The chant “Yid Army” is heard frequently at Spurs games, and popular players are regaled with chants of “Yiddo” – most famously in the case of former striker Jermain Defoe, who was regularly serenaded with the chant “Jermain Defoe, he’s a Yiddo”.

While some were uncomfortable with a word that had been used by Mosley’s fascists as a term of abuse being bandied about so freely, it was generally accepted that Spurs fans’ use of the word “Yid” in a footballing context was a positive thing. And, as those familiar with Jewish history and culture pointed out, Yid was also used as a term of endearment and identification by Jewish people before Mosley’s fascists attempted to appropriate it. The word’s use at the football was a genuine, robust, street-level response to anti-Semitic abuse – not the kind of response those who discuss such issues at polite dinner parties may have constructed, but a genuine one nonetheless.

Then, in 2011, the anti-racist campaign Kick it Out released a film made by Jewish football fan David Baddiel and his brother Ivor. It was called “The Y Word” and it sought to place use of the word “Yids” on a par with terms of racial abuse such as “nigger” and “Paki”. The Baddiels said they started the campaign after being at a Chelsea game against Spurs in which a Chelsea fan they were sitting with – the brothers are Chelsea supporters – repeatedly shouted “Fuck the Yids” and “Fuck the Jews” at the Spurs fans in the away end. Leading footballers Frank Lampard, Ledley King and Gary Lineker were enlisted to tell viewers that “the Y-word is a race hate word”.

To many Spurs fans, the campaign seemed to blame them for the abuse that was directed at them. Having endured years of hearing songs about Auschwitz, Adolf Hitler and having hissing noises meant to replicate the sound of gas directed at them, they were now being told that their use of the word Yid made people hurl abuse at them. “They made me do it” is, of course, the well-worn response of bigots through the ages.

The campaign succeeded in cementing the use of “Yids” among Spurs fans as a badge of pride. And so the calls to prosecute were raised. Having failed to win the argument that in excess of 36,000 active anti-Semites turned out for a public display of bigotry at White Hart Lane every couple of weeks by racially abusing the team they followed, the anti “Y-word” campaign began to argue that prosecution should be brought on grounds of “causing offence”, thereby taking the issue onto dangerous new ground.

The Metropolitan Police had advised Spurs fans that chants such as “Yid Army” would not lead to prosecution, due to the fact that there was no “deliberate intention to cause offence”. Then, last September, the Football Association decided that use of the word “Yid” was “inappropriate in a football setting” and “could amount to a criminal offence”. Within less than a month a Spurs fan was arrested for using the word and charged. The arrest came at a game against West Ham where songs about Hitler, Nazi salutes and chants about gas chambers were seen and heard in the away end. The only arrest made was of the Spurs fan. A month later, two more Spurs fans were arrested and charged with racially aggravated public order offences.

Unusually for cases such as this, the names of the fans were released immediately by the police. As was the information that one of them had a wrap of cocaine on him. Publicly labelled as racists, the fans had bail conditions imposed which included not being allowed with 2,500 yards of any stadium where Spurs were playing from four hours before until four hours after a game. Tottenham Hotspur, which had issued statements saying it did not believe its fans intended to cause offence when using the word “Yids”, interpreted the bail conditions as meaning it had to ban the fans from the ground by withdrawing season tickets and memberships. The presumption of innocence until guilt is proven was cast aside.

In the article “Everyone is equal in the eyes of the law – unless you are a football fan” that I wrote with solicitor Darren White on this site a few weeks ago, the effect of “subjecting someone of previous good character to the full rigor of the legal process” was quoted. What happened to the three fans in what became known as “The Y-Word case” – a description that itself embraced the prosecution’s assertion as fact – illustrates that point starkly. All three were bailed three times. Each time they did not know what would be happening to them, increasing the mental stress they faced. Each hearing involved time off work and travel costs. One of the dates they were given, and which was subsequently postponed, was Christmas Eve.

Finally, after being charged and having been put through hell for months, the three were told last Thursday that the case was to be discontinued and the charges dropped. The CPS said there was “insufficient evidence to provide a realistic prospect of conviction”. Tottenham Hotspur immediately rescinded the bans and refunded money for the games the fans had missed. The Tottenham Hotspur Supporters Trust (which I should point out I am on the board of), which had backed the fans throughout, welcomed the decision and carried a strongly-worded statement from the defence team it had worked with on its website. The defence team criticised a “misguided and over-zealous approach by the Crown Prosecution Service and the Metropolitan Police”. The statement is worth reading in full, for its criticisms of the legal process, its understanding of cultural history and its refusal to concede the term “Yid” to the fascists and bigots, and for this statement:

Any organisation or individual that sets out to brand Spurs fans’ use of the word ‘Yid’ as being racist runs a high risk of being perceived as pursuing other self-serving agendas. We urge them to focus their attention on those who are clearly using threatening or abusive words or behaviour towards others based on hostility or hate towards others race or religion.

The treatment of the Tottenham Three is further evidence of what Darren White and I argued in that “Everyone is equal” blog. Football fans are subjected to a different framework of justice. But this case raises other questions that need answering.

What made the FA suddenly change its stance last September? And what made the Metropolitan Police, the only police force in the country to prosecute on these grounds, change its mind? Does the fact that both organisations have suffered criticism for their stances on racism have any bearing on the change of attitude?

If there is insufficient evidence to secure a conviction now, could there have been sufficient evidence when the decision to prosecute was taken? No new evidence that could have undermined any of the previous evidence has come to light since the original decision. As the CPS is a publicly-funded organisation, we have a right to question the quality of its decision-making.

Will the people who pointed the finger at Spurs fans, and who used their public platforms and connections to vilify, ridicule and shout down any who dared challenge them, now dedicate equal vigour to pursuing the real anti-Semites? It cannot be beyond the wit of these intelligent people to identify the difference between a Spurs fan chanting “We are the Yids” and, for example, a Chelsea fan directing a chant of “Spurs are on their way to Auschwitz” at Spurs fans.

Football does not exist in a vacuum. Misguided actions such as the prosecution of the Tottenham Three ultimately undermine the battle against bigotry, allowing the “It’s political correctness gone mad” brigade to dismiss every attempt to challenge prejudice. Attempts to introduce a legal principle of “offence” also raise worrying threats to freedom of speech and expression, something that the people of Scotland are finding to their cost, as journalist Kevin McKenna argues in a fine article in the Guardian. A piece by freelance writer Kirk Leech on the Huffington Post also does a fine job in setting out the dangers posed by the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill.

For now, the threat to freedom of speech in England and Wales has been resisted. And the disgraceful treatment of three innocent football fans has been countered. But to ensure that cases such as this never happen again, the questions this one raises must be answered.

Martin Cloake is a writer and editor based in London. You can follow him on Twitter at @MartinCloake.

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Celebrate Labour's electoral success - but don't forget the working class

The shutting down of genuine, constructive debate on the left is the great danger we face. 

In the moment when the exit poll was released on 8 June, after seven weeks of slogging up and down the streets of Britain, dealing with scepticism, doubt and sometimes downright hostility, we felt a combination of relief, optimism, even euphoria.
 
This election broke wide open some assumptions that have constrained us on the left for too long; that the young won’t vote, that any one individual or political party is “unelectable”, that perceptions of both individuals, parties and even policies cannot change suddenly and dramatically. It reminded us that courage, ambition and hope are what’s needed and what have been missing from our politics, too often, for too long.
 
We have learnt to tread carefully and wear our values lightly. But in recent weeks we have remembered that our convictions can, as Jonathan Freedland once wrote, “bring hope flickering back to life” and meet the growing appetite for a politics that doesn’t simply rail against what is but aspires to build a world that is better.
 
In this election at least, it seems the final, anticipated fracture of Labour from its working-class base after Brexit did not materialise. Shortly before the snap election was called I wrote that while Brexit appeared to be Labour’s greatest weakness, it could just be our biggest strength, because: “consider what remain voting Tottenham and leave voting Wigan have in common: Labour… We will succeed if we seek the common ground shared by the decent, sensible majority, and more importantly, so will Britain.”
 
But consider this too. The Tories ran a terrible campaign. It was, without any doubt,the most inept, counter-productive campaign I’ve ever seen in British politics. The day their manifesto hit the headlines, even in our toughest neighbourhoods, we could feel change in the air. Arrogance is never rewarded by the British people and Theresa May has paid a price for it. Yet, despite a Tory manifesto that was a full, square attack on older people, the majority of over 65s still came out for the Tories.
 
And despite the growing relevance of freedom, internationalism and tolerance in an era characterised by Donald Trump and Vladimir Putin, the Liberal Democrats managed to become bystanders in the political debate. They stood on a platform that aimed to capture the support of those remain voters for whom Brexit is the major question, but neglected the rest. And they quite spectacularly failed to foresee that those who were intensely angered by May’s conversion to a little England, hard Brexit stance would vote tactically against the Tories. Over those seven weeks, they all but disappeared as a political force.
 
As Bob Dylan once said, "the times, they are a-changin" – and they will change again. The recent past has moved at extraordinary speed. The Brexit Referendum, the rise and retreat of nationalism, the election of Trump and his crushing unpopularity just a few months later, the reversal in fortunes for May and Jeremy Corbyn, the astonishing phenomenon of Emmanuel Macron and pro-European centrism, and the dramatic rise and sudden collapse of Ukip. Politics, as John Harris wrote last week, is now more fluid than ever. So now is the time, for hope yes, and for conviction too, but not for jubilation. We need some serious thinking. 
 
We should be cautious to rush to judgment. It is only two weeks since the exit poll sent shockwaves across the country. There is no comprehensive explanation for the multitude of motivations that delivered this election result and will not be for some time. But there are some early indictors that must make us think. 
 
After seven years of austerity, as John Curtice observes, the Tories made some of their biggest gains in some of the poorest areas of Britain. It is something I felt in all of the eight constituencies I campaigned in during the election. While the Labour vote rose significantly in towns like Wigan, so too did the Tory vote, despite little or no campaigning activity on the ground. As Rob Ford puts it, “Labour, founded as the party of the working class, and focused on redistributing resources from the rich to the poor, gained the most ground in 2017 in seats with the largest concentrations of middle-class professionals and the rich. The Conservatives, long the party of capital and the middle class, made their largest gains in the poorest seats of England and Wales… Britain’s class politics has been turned completely upside down in 2017”.
 
To acknowledge the growing, longstanding scepticism of many working-class men, and women, towards Labour in towns across England is not to take away from the hard work and drive of the activists, advisers and politicians that helped to fuel such a dramatic turnaround for Labour during the short campaign. To have won considerable gains in wealthier suburbs is no small achievement. 
 
But if the future of Labour lies in a coalition between middle-class young professionals and the working class, what is the glue that binds? While there is shared agreement about investment in public services, how are those interests to be squared on areas like national security and immigration? I believe it can and must be done, but – as I said to conference when I was first elected seven years ago - it will demand that we begin with the difficult questions, not the easy ones.  
 
Just a few days before the election, statistics were released that pointed to a collapse in trade union membership. What does the decline of an organised Labour movement mean for who we are and what we can achieve? These are not new questions. They were posed by Eric Hobsbawm in his brilliant lecture, "The Forward March of Labour Halted" in 1979 - a challenge laid down in the year I was born. Now, 37 years on, we are no further down the road to answering it. 
 
The most dramatic finding from this election was the support Corbyn’s Labour party appears to have won from middle-class, young professionals. They said he couldn’t do it and quite stunningly it seems they were wrong. But a ComRes poll last week caught my eye – by a large margin those 30-44 year olds would favour a new centre-ground political party over the current political settlement. In an election where we returned strongly to two-party politics, it appears they moved to us. But what would a dynamic and renewed Liberal Democrat Party, or a British En Marche do to our support base?
 
After a hellish two years we have learnt in Labour, I hope, that unity matters. The public and private anger directed towards each other, whether the Labour leadership, the parliamentary Labour party or elected councillors, is desperately damaging and its (relative) absence in the campaign was important.
 
But unity is not the same as uniformity, and while two weeks ago I felt there was a real danger of historic fracture, now I believe the shutting down of genuine, constructive debate on the left is the great danger we face, and must avoid. No one person, faction or party has ever had the monopoly on wisdom. The breadth of the Labour movement was and remains our greatest strength. 
 
Consider the Labour manifesto, which drew on every tradition across our movement and demanded that every part of the party had to compromise. Those broad traditions still matter and are still relevant because they hear and are attuned to different parts of Britain. Our country is changing and politics must catch up. The future will be negotiated, not imposed.
 
As we witness the age of "strong man" politics across the world, here in Britain our political culture has become angrier and more illiberal than at any time I can remember. The Brexit debate was characterised by rage, misinformation and a macho political culture that demanded that we abandon nuance and complexity, an understanding of one another and tolerance of different points of view.
 
But this is not where the future of Britain lies: it lies in pluralism. It lies in a politics that is nimbler, more fleet of foot, less constrained; a return to the great tradition of debate, evidence, experience and argument as a way to build broad coalitions and convince people; not shouting one another down, nor believing any of us are always right; an arena in which we listen as much as we speak; a political culture in which we are capable of forming alliances within and across party lines to achieve real, lasting change.
 
And ultimately that’s the prize: not just seek power but, to paraphrase a philosopher whose work inspired millions, in the end “the point is to change it”. We could sit tight in Labour and hope to see the current government fall apart. We might even inherit power, we could temporarily reverse some of the worst of the last seven years, but what then? If we have learnt anything from 13 years of Labour government it should be this: that to build lasting change is the hardest political task of all, and it requires now that we do not turn to the political culture, the tools or even the ideas of the past, but that we think hard about where the future of our movement and our country really lies. Now is not the time to sit back and celebrate. Now is the time to think.

 

Lisa Nandy is the MP for Wigan. She was formerly Shadow Secretary of State for Energy and Climate Change.

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