Muslim Family Claims Bias by Jewish Mortuary : Lawsuit: The litigation stems from the firm’s alleged refusal to pick up and store the remains of a stillborn child.

For 65 years, Malinow & Silverman mortuary has adhered to a policy of preparing the bodies of Jewish clients only and performing the rites that accompany the deaths of Jews.

So in September, 1991, when Kelly Albahri--whose sister-in-law had delivered a stillborn baby--called the mortuary after being referred to it, Malinow & Silverman followed its longstanding practice and allegedly refused to transport and store the body of the deceased child.

Albahri said a mortuary employee told her: “We don’t pick up Muslim children. We only pick up Jews.”

On Tuesday, the Hawthorne family filed a $4-million lawsuit in Los Angeles Superior Court against the mortuary and its parent company, Service Corporation Inc. of Houston, alleging unfair business practices, false advertising and discrimination. The suit also seeks an injunction to stop the mortuary’s allegedly discriminatory practices.

“They cater to the Jewish community and that is fine, but you can’t turn away other people,” said Michael Linfield, the Albahri family’s lawyer. “It is simply not legal to discriminate on that basis.”

Linfield said he has received complaints from six other people who say they were turned away by the mortuary because they were not Jewish.

Mortuary Manager Randy Ziegler said it was against company policy to comment on cases in litigation but read a brief statement over the phone: “Malinow & Silverman has been privileged to serve the Jewish community since 1927 because we honor the customs and traditions held sacred by Jewish families. That trust is important to Malinow & Silverman.”

Malinow & Silverman, which operates two mortuaries in Los Angeles County--in the 1600 block of South Sepulveda on the Westside, and the 7300 block of South Osage in Westchester--is a wholly-owned subsidiary of SCI.

A spokesman at SCI, the largest mortuary corporation in the country, confirmed that Malinow & Silverman has a policy against accepting non-Jews but said the firm did not violate any laws.

“It is absolutely true that they forbid doing services for any other faith except for Jews,” said Bill Barrett, director of corporate communications. “But in cases where a firm is providing services for a particular sect, then we believe it is legal as long as other firms offer those kinds of services. Our lawyer has looked into it.”

Family members however, said they made it clear that they did not want the mortuary to perform religious rites on the child, only to transport, store and refrigerate the body while they could decide what to do next.

“When I found out about the mortuary I felt confused, sick. . . . I stopped eating,” said Fuad Albahri, the father of the dead baby, as he fought back tears at a news conference earlier this week. “I felt like I was living in the Dark Ages. They didn’t give my son the right and respect he deserved, and I feel I’m obligated to give him back his rights.”

The child was later buried by another mortuary company.

Fatme Elbahri, mother of the deceased child, gave birth to a healthy girl four months ago.

The suit claims that by serving only Jewish clients, the mortuary violated the state’s Civil Rights Act, as well as the state Business and Professions Code.

Jim Allen, executive officer of the state Board of Funeral Directors and Embalmers, said his board has not received a complaint regarding the Albahri case. He said the maximum penalty for violating the business code would be the loss of a firm’s business license.

Although the preparation of bodies varies depending on the branch of Judaism, most Jewish mortuaries use simple procedures before burial, including washing the body, using no makeup and dressing the deceased in “simple” clothes, according to spokesmen at two local Jewish mortuaries. Muslims generally follow the same procedures.

Salam Al-Marayati, executive director of Los Angeles-based Muslim Public Affairs Council, called the lawsuit a “wake-up call” for the area’s Muslim community.

“This is a landmark case for American Muslims, because it breaks the silence that has shrouded us when we face anti-Semitism against Muslims,” Al-Marayati said. “This is a hate crime and form of exclusion against Muslims, but it is not an issue that should pit the Jewish community against the Muslim community. Both communities condemn discrimination, and hopefully this is the issue which will bring us together.”

The group has created a legal fund for the family.