The Jewish community in Palo Alto, California has been trying for eight years to construct an eruv-- a symbolic enclosure of space that permits observant Jews to carry items and push baby carriages between their homes and to synagogues within the enclosed space on the Sabbath. In most cities, the eruv is made up largely of natural boundaries, with gaps filled by fishing line that runs between utility poles. The Forward yesterday reported that many residents of Palo Alto are upset over administrative approval of the eruv recently given by authorities.
In 2000, eruv proponents lost their attempt to obtain a land use permit, after negative reaction at public hearings held by city council. This time around, the proponents' plan avoided using any utility poles. Instead they obtained easements from Stanford University, the California Department of Transportation and the Santa Clara Valley Water District. That route allowed proponents to merely apply for an encroachment permit in a process that does not require a public hearing. Despite 3rd Circuit precedent upholding an eruv against an Establishment Clause attack, many in Palo Alto claim that the eruv violates required separation of church and state.
One outspoken opponent of the eruv, citing "the sneaky way that these folks do things" told the Forward: "We live in a modern, secular, democratic world, and these wackos are trying to catapult us back into a 2,000-years-ago kind of deal.... The big thing at the time was declaring this area Jewish space — absurd! It’s not Christian space, it’s not communist space, it’s not Republican space, it’s not Nazi space. If they want to have religious space, go to synagogue."
