When a Martha’s Vineyard vendor refused to sell food to Alan Dershowitz over his politics and clients, the clash exposed how ideological litmus tests are creeping into everyday commerce.

What Happened at the Farmers Market

At the West Tisbury Farmers Market, Good Pierogi co-owner Krem Miskevich refused to sell to attorney Alan Dershowitz, referencing his legal defense of Donald Trump and Jeffrey Epstein. Dershowitz described the refusal as discrimination rooted in his political and pro-Israel stance and warned he would seek legal remedies to require vendors to serve all customers at the market. The vendor publicly defended the decision after the initial confrontation in posts and statements.

Coverage indicates a second encounter followed, with police involvement and accusations that Dershowitz harassed and misgendered the vendor. Dershowitz posted video of the exchange to his channels, and media relayed that an officer said vendors could refuse customers. Local reporting showed the stand drew longer lines afterward as residents rallied, transforming a local dispute into a flashpoint over political litmus tests in public-facing businesses.

Why the Legal Fight Is Complicated in Massachusetts

Massachusetts public accommodations law bars discrimination based on race, religion, sex, sexual orientation, gender identity, and other protected traits, but it does not list political ideology. Legal commentary suggests claims premised solely on viewpoint discrimination face steep odds unless tied to a protected characteristic or to market rules requiring universal service. Potential alternative theories might focus on market policies or torts, but outcomes are uncertain without clear, published bylaws.

Analysts note that national cases on compelled speech—like Masterpiece Cakeshop or 303 Creative—involved custom expressive services, while this case involves premade food and a refusal linked to a buyer’s views. That distinction shifts the analysis toward state public accommodations law and internal market policies rather than First Amendment compelled-speech doctrine. As of the latest reporting dates, litigation had been threatened but not confirmed as filed, leaving open whether any court will test these arguments.

Competing Claims and Community Response

Dershowitz likened the episode to McCarthyism and argued that blacklisting individuals for their clients or politics undermines civil rights norms. The vendor, who also identified as Jewish, framed the refusal as solidarity with survivors and a boundary against those associated with alleged abusers. Police escorted Dershowitz during the initial dispute, per his video account reflected in coverage, while islanders subsequently lined up in support of the stand, signaling how quickly commerce can become a proxy for cultural conflict.

No Pierogi For You: Dershowitz Denied Food in Martha's Vineyard Over His Political Views https://t.co/4vBq38dm3X

— Gordon 💥🇺🇸💥🇮🇱 (@StopTheCoup2020) August 11, 2025

For conservatives, the incident highlights the risk of viewpoint-based exclusions in public marketplaces that look and feel like community spaces. If markets allow vendors broad discretion, customers may face ideological gatekeeping rather than equal access. If markets impose neutral service rules, vendors may see reduced autonomy. That policy trade-off—between free association and open commerce—now sits with market boards and, potentially, courts asked to interpret the boundaries of state law.

What Comes Next—and Why It Matters Nationally

Short term, market managers could revisit vendor agreements to clarify whether all customers must be served absent lawful reasons to refuse. Medium term, a lawsuit—if filed—could test whether ideological discrimination fits within existing statutes or whether private market rules can fill gaps. Long term, farmers markets and small vendors nationwide may adopt training and clearer refusal protocols, seeking to avoid repeat showdowns that divide communities and attract politicized attention.

Sources:

Dershowitz’s Martha’s Vineyard ‘pierogi-gate’ feud escalates

Are You Aware Of The Alan Dershowitz Martha’s Vineyard Pierogi Situation?

After Dershowitz Dustup, Islanders Line Up for Pierogis

Dershowitz v. Good Pierogi: Does Alan Dershowitz Have A Discrimination Claim For “Pierogigate”?

Trump lawyer Alan Dershowitz confronts pierogi stand again, accused of misgendering chef