Southampton, NY – An East End Orthodox Jewish group filed a lawsuit in a Brooklyn federal court on Tuesday charging the Southampton Town zoning board with anti-Orthodox Jewish prejudice after a ruling barring the construction of an eruv.
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The NEW YORK POST (http://bit.ly/1dP5kgx) reports that much of the language cited in the lawsuit contains quotes taken directly from the zoning board’s ruling, and charges the board with being “motivated by discriminatory intentions and animus towards observant Jews.”
Southampton’s Zoning Board of Appeals rejected the construction of the eruv earlier this month, citing a town ordinance prohibiting the attachment of “signs” to telephone poles.
According to court documents, the ruling states that “the requested variances will alter the essential character of the neighborhood.”
In addressing supporters of the eruv, the board wrote that restrictions on what Jews can do on the Sabbath come “not from the town’s zoning regulations, but from Jewish law,” and that the erection of an eruv is tantamount to exploiting a religious loophole, which is “motivated by the personal desire…to be freed from the proscriptions of Jewish law.”
The board’s going to get crucified (odd choice of words, I know, for a number of reasons) on the church/state issue because of that last paragraph in the article. If they had stuck with “no signs”, or “altering character of neighborhood”, they might have had a fighting chance. Once they start giving opinions about religious law per se they’re “entangling” themselves in religion, which the courts are very opposed to.
I remember seing a piece on this subject. The people who opposed the eruv were non-observant Jews. As we all know, the average person would not know if the eruv is up and present unless someone told them
about it. Even if I could afford it I would not buy a home in a neighborhood where Orthodox Jews are not wanted.
My family goes to the Hamptons each summer for one month. It is pristine, neat, no garbage in the streets and the people walk around in shorts and bathing suits. I would hate to see the Hamptons turn into another Monsey or New Square with modesty squads dictating what shops can sell. My Monsey neighbors don’t cut their grass, don’t replace broken windows and have old banged up junkies in their driveways. Can’t say I blame the anti eruv crowd.
Who cares about the Hamptons? Its way overrated, and I’ve been there.
I present the decision below in my sefer, Eruv Manual.
Smith v. Community Board no. 14 [128 Misc 2d 944 (1985)] Supreme Court of NY
The eruv committee prevailed.
For some reason that I do not understand, many frum yidden don’t seem to mind living in dirty, dilapidated conditions. I’m sure it has nothing to do with Yiddishkeit: In all my years of yeshiva I never learned or was told any reason to live that way. I certainly don’t want to live in those conditions, and my guess is the people of Southampton feel the same way.
In any case, why do frum yidden want to live among people whose dress and behavior is antithetical to their own?
I hope the Jews in the Hamptons take a look at the same case in Tenafly, NJ from a couple of years ago. The town lost that one. Courts ruled in favor of the eruv. The Court said no one would know it was there so there could be no rational reason for objecting. Also, the utility poles always had flyers and things stuck on them anyway, so what difference would a wire or an extra pole make?
BS’D
Dear (Anonymous) Poster 22,
As Rosh Hashana approaches, I appreciate your correction.
Perhaps I do not know the difference between a sefer and a book. However, I do know the difference between a “malbin pnei chaveiro b’rabim” and a person who seeks to do the Avodas Hashem by providing constructive criticism to another Jew.
K’siva v’chasima tova.