Monday, December 12, 2005

Settlement Near In Tenafly Eruv Case

In 2002, the U.S. Third Circuit Court of Appeals granted a preliminary injunction to Orthodox Jewish residents of Tenafly, New York, to prevent the city from enforcing a city ordinance that would have prohibited plaintiffs from creating an eruv by attaching plastic strips to utility poles. The court found it likely that the plaintiffs' free exercise rights were being infringed by the Tenafly's apparently discriminatory enforcement of the ordinance. Sunday's North Jersey Record reports that a settlement of the dispute may finally be at hand. A public hearing on the proposed settlement will be held January 10. Then on January 24 borough officials will vote on the settlement which would allow expansion of the existing eruv, but only if done using plastic lechis (inconspicuous black strips on telephone poles). Tenafly would also pay $325,000 in attorney fees to the Tenafly Eruv Association and would not be allowed to pursue any related legal action against Verizon or Cablevision, which originally gave permission for the eruv to be constructed using their poles.