A Texas city devastated by flooding after Hurricane Harvey is forcing recipients of financial aid to sign a pledge not to boycott Israel.

The American Civil Liberties Union (ACLU) said the clause on Dickinson city council's application form for relief funding violated free speech rights and was "reminiscent of McCarthy-era loyalty oaths" requiring Americans to disavow Communism.

The city, 30 miles from Houston, was one of the areas hardest hit by Harvey. This week Dickinson authorities began accepting applications from individuals and businesses for grants from money donated for hurricane aid.

The form includes a clause headlined "verification not to boycott Israel". It states: "By executing this Agreement below, the Applicant verifies that the Applicant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement."

The city's attorney said he was following state law introduced in May which prohibits public bodies giving contracts to companies that boycott Israel. 

But Andre Segura, the ACLU's legal director for Texas, said: “The First Amendment protects Americans’ right to boycott, and the government cannot condition hurricane relief or any other public benefit on a commitment to refrain from protected political expression. 

“Dickinson’s requirement is an egregious violation of the First Amendment, reminiscent of McCarthy-era loyalty oaths requiring Americans to disavow membership in the Communist party and other forms of ‘subversive’ activity.”

Shape Created with Sketch. The aftermath of Hurricane Harvey

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The ACLU said previous Supreme Court decisions had established the government could not require individuals to indicate political beliefs to obtain employment, contracts or benefits.

It said Dickinson's application form was "unconstitutional".

The city's attorney, David Olsen, said the anti-boycott clause was required due to state law. He told ABC 13 the requirement would remain "until someone tells them differently".

Texas governor Greg Abbott signed legislation requiring all state contractors to pledge not to boycott Israel earlier this year.

"As Israel's number one trading partner in the United States, Texas is proud to reaffirm its support for the people of Israel and we will continue to build on our historic partnership," he said in May. "Anti-Israel policies are anti-Texas policies, and we will not tolerate such actions against an important ally."

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