Monday, June 26, 2006

Settlement-- Maybe-- In Chabad vs. Hollywood, Florida

There always seems to be another shoe to drop in the discrimination lawsuit against Hollywood, Florida brought by a Chabad Congregation and the U.S. Department of Justice after the city removed a special zoning exception that had been granted for operating a synagogue. (See prior postings 1, 2, 3, 4. ) The South Florida Sun-Sentinel and the Miami Herald today reported on the most recent developments.

With a trial date set for today, last Friday Hollywood city commissioners voted to offer to settle the case by allowing the synagogue to stay in its current location for a year while the city rewrote its zoning laws which Judge Joan Lenard had said were unconstitutionally vague. However, Chabad rejected that offer late Friday, and that led to a flurry of negotiations over the weekend. In court this morning, the parties announced a new settlement-- one much more favorable to Chabad. In exchange for Chabad and the Justice Department dropping their suit, Chabad will be awarded $2 million and permitted to operate permanently from inside the two homes in a residential neighborhood that it is now using for a synagogue. It will also be permitted to expand within a city block without ever having to seek a special permit. The city will rewrite its provisions on special zoning permits. City officials -including commissioners- will have to attend special classes on religious land use laws. And the city will agree not to "harass" Chabad in the future.

Judge Lenard received the news of the settlement somewhat grudgingly, since the pool of potential jurors were already at the courthouse. This new settlement has to be voted on by city commissioners on Wednesday. Attorneys representing the city and the city's insurance company called commissioners individually this weekend and got at least four "approvals" for the new agreement, but Mayor Mara Guilianti and others said they were stunned by the new agreement. If commissioners do not approve the settlement on Wednesday, trial of the case will begin on July 6.

UPDATE: It was reported by the Miami Herald on June 29 that with city commissioners poised to reject the settlement wiht Chabad, for the first time city and synagoge officials will meet face-to-face to attempt to negotiate a settlement. The meeting, scheduled for Thursday at 1:00 will include Justice Department attorneys who are flying in to help with the negotiations.