Popularity of Kosher Food Requests In Prisons

Tablet Magazine yesterday reports on the surprising popularity of kosher food requests in prisons, saying in part:

According to the 2013 numbers, Jews are seven percent of the state prison population of New York; the fourth largest religious denomination after Protestant, Catholic and Muslim (in that order). If the numbers were accurate it would mean that nearly twice as many Jews were locked up that year as members of the Nation of Islam. But the truth is that many inmates lie and claim to be Jewish once they enter the prison system. And why do they do it? Not as a hedge against the impending arrival of the Moshiach. They do it for the kosher food.

Synagogue Wins $2.5M Settlement For RLUIPA Violations

JNS reported this week that a New Jersey synagogue has won a $2.5 million settlement in a mediation proceeding against the town of Clifton, New Jersey. The synagogue claims that Clifton violated the Religious Land Use and Institutionalized Persons Act by creating over ten years of delays in approving construction of a building for Shomrei Torah congregation.  According to one of the synagogue's attorneys:

Shomrei Torah had been commanded to appear before the Planning Board 25 times between March 2013 and October 2015, and before the zoning board seven times between November 2008 and January 2013. They had to appear in state court four times.

The settlement terms, reached in December, were made public on Jan. 3. [Thanks to Steven H. Sholk for the lead.]

Australian Court Says Beth Din May Not Impose Religious Sanctions To Force Party To Appear

In Ulman v Live Group Pty Ltd., (New South Wales Ct. App., Dec. 20, 2018), the Court of Appeals of the Australian state of New South Wales held, in a 2-1 decision, that the rabbis and registrar of a Jewish religious court (Beth Din) were properly held in criminal contempt of a secular court for attempting to force adjudication of a commercial dispute in the Beth Din rather than in civil courts. The court however reduced the fines imposed for the contempt to a total of $25,000.  In the case, the Beth Din had informed the attorney representing the business being summoned to appear:

Unless by 5pm January 26 2017 the Beth Din hears from you on behalf of your client that he has recanted and that he acquiesces to the Beth Din process in accordance with Jewish Law, (which is indeed compatible with secular law), the following halachic sanctions will apply and the Synagogue/s where he prays will be informed accordingly.

1.   He will not be counted to a minyan.

2.   He will not be able to receive an aliyah to the Torah.

3.   He will not be offered any honour in the Synagogue.

J-Wire reports on the decision

RLUIPA Suit By Chabad Challenges Demolition Order

The Baltimore Sun reports that a lawsuit was filed yesterday in a Maryland federal district court by the Chabad House serving Goucher College and Towson University alleging that authorities violated the Religious Land Use and Institutionalized Persons Act in requiring that a 2016 expansion of the Chabad House be razed because it violates a land covenant. State courts have given Chabad until mid-January to set aside funds to comply with the demolition order. According to the Sun:

In the lawsuit, Friends of Lubavitch alleges that Baltimore County officials required Chabad to take part in unnecessary hearings and issued citations that were without merit. The suit also says officials falsely claimed Chabad was operating as a “community center” instead of a residence because the Rivkins were hosting students for Shabbat dinners and Jewish instruction.

Hasidic Jews Sue Town Over Zoning Barriers

Suit was filed this week in a New York federal district court against the village of Airmont for its actions in attempting to prevent expansion of its Hasidic Jewish community.  The complaint (full text) in Congregation of Ridnik v. Village of Airmont, (SD NY, filed 12/10/2018), alleges in part:

For Hasidic Jews living in Airmont, seeking the Village’s approval for religious gatherings places applicants in a process reminiscent of the curse of Tantalus. At great expense, applicants prepare elaborate plans in order to obtain approval, which the Village uniformly declines to provide. Instead, the Village dangles promises that the applications will be approved in the future if certain modifications are made, only to then yank any hope of approval away even after the applicants make the requested modifications. Instead of providing an approval or denial, the Village requires applicants to satisfy new conditions, often citing purported problems with the applicants’ plans on which Airmont officials had already signed-off.

Leading Hasidic Rabbi Defies New York Regulations On Yeshiva Curriculum

As previously reported, last month the New York State Education Department issued new guidelines for review of the curriculum of non-public religious and independent schools, under statutory provisions that primarily impact Hasidic Jewish yeshivas. The Forward reported last week that a leading Hasidic rabbi, Satmar Rebbe Aron Teitelbaum, is defying the New York City and New York State Education Departments, telling his followers in a speech:

We will not comply and we will not follow the state education commissioner under any circumstances. These are our words for the state education commissioner.

New York Issues Regulations For Review Of Religious Schools' Curricula

On Nov. 20, the New York State Education Department issued guidelines for Substantial Equivalency Review of the curriculum of non-public religious and independent schools (full text), along with related materials.  As reported by The Forward:

The regulations come years into a growing controversy over whether New York’s Hasidic yeshivas are providing education that is substantially equivalent to that offered in public schools, as is required by state law....

The guidelines ... are based on a controversial law passed as part of last summer’s budget deal.... The new law says that the state education commissioner, rather than local school districts, will determine equivalency for schools that meet certain criteria that were drawn only to include Hasidic yeshivas.

(See prior related posting.)

Hasidic Jewish School Sues For Right To Expand

A lawsuit was filed this week in a New York federal district court against the Village of Airmont charging that the village and its school board are engaged in a coordinated effort to prevent the local Hasidic Jewish community from expanding a religious school which operates on a 21-acre piece of land.  The 75-page complaint (full text) in Central UTA of Monsey v. Village of Airmont, New York, (SD NY, filed 11/28/2018), claims violations of RLUIPA, the 1st and 14th Amendments and the New York state constitution, contending:

Village officials have attempted to place a cap on the total number of Hasidic Jewish children that may be educated at Central UTA's Hasidic Jewish religious school, angry protesters have prevented a meeting of the Planning Board to consider Central UTA's application to build two new school buildings from occurring, and Village officials' political campaign advertisements paint an apocalyptic picture of what will happen if their opponents who support the rights of the Hasidic Jewish community are elected....

Defendants are using their political policymaking and enforcement authority to use the Village's zoning laws and ordinances to prevent and dissuade Hasidic Jews from joining their community and denying those families that have moved to the area their rights to school services that are guaranteed under the law.

First Liberty issued a press release announcing the filing of the lawsuit.

New York Village Is Considering New Permit Requirement For Eruvs

According to yesterday's Times Herald-Record, the Village Board of Woodbury, New York is considering a new law (full text) that for the first time will require residents to obtain a permit in order erect an eruv that extends into any right of way. Currently the village's growing Hasidic Jewish population has erected a number of eruvs, and the new law is directed at creating some uniformity among them. A permit application (including photos) will be required to describe the location and dimensions of any eruv, and provide written consent from all homeowners whose property it would cross. The eruv (usually made of fishing line, or of markers on utility poles) would need to be between 8 and 20 feet high, and translucent or the same color as the pole to which it is attached. Non-complying eruvs could not cross any public road, and existing non-complying eruvs that do cross public roads will need to be removed within 90 days of enactment of the new law. The proposed law would also regulate cell towers being placed on utility poles.

2 Philadelphia Police Officers Claim Anti-Semitic Harassment

Two Philadelphia police officers filed suit on Monday against the Philadelphia Police Department and Department supervisors alleging the creation and sanctioning of a racist, anti-Semitic and anti-Jewish environment. The complaint (full text) in Gonzalez v. City of Philadelphia, (ED PA, filed 11/19/2018) seeks damages for harassment, discrimination and hostile work environment in violation of 42 USC Secs. 1981, 1983 and 1985. WHYY News further summarizes the complaint:

The federal civil rights lawsuit claims an array of abuse — that the officers were not given time off to celebrate Jewish holidays, that a Nazi “SS” symbol and a German phrase meaning “skull and crossbones” were scratched onto their lockers, and that a police patrol car was marked with the Star of David with the words “Hebrew Hammer.”

Civil rights lawyers Brian Mildenberg, who is representing the officers, said those acts were intended to “scare and harass” Reznik, a Jewish immigrant born in Russia who is a 12-year veteran of the force.

Employer's Proposed Religious Accommodations Were Adequate

In Miller v. Port Authority of New York & New Jersey, (D NJ, Nov. 13, 2018), a New Jersey federal district court held that the religious accommodations offered to a newly-hired Jewish employee (shift swapping or use of vacation or comp time) were reasonable and the employee's preferred accommodation of his Sabbath observance did not need to be offered. The court said in part:

The employees in Miller’s unit are unionized, and as a result, Port Authority is bound by a collective bargaining agreement. Creating a permanent shift schedule for Miller exempting him from work on the Sabbath or the Jewish holidays, without first offering that option to more senior employees, would have violated the agreement’s seniority provision. It also would have violated the past-practices provision of the agreement, which requires that the established rotational schedule be maintained. In short, Miller’s preferred accommodation would have placed Port Authority in violation of its collective bargaining agreement and required other, more senior employees to work less desirable additional Friday evening and Saturday shifts.

On this record, the religious accommodation offered by Port Authority was reasonable. And because the blanket exemption proposed by Miller would have imposed more than a de minimis hardship, the employer was not required to accept it.

[Thanks to Steven H. Sholk for the lead.]

Supreme Court Denies Cert. In Ministerial Exception Case

The U.S. Supreme Court today denied review in Grusgott v. Milwaukee Jewish Day School, Inc., (Docket No. 18-125, certiorari denied 11/5/2018). (Order List.)  In the case, the U.S. 7th Circuit Court of Appeals held that the ministerial exception applies to prevent a former Hebrew teacher in a Jewish day school from suing for her firing in violation of the Americans With Disabilities Act. (See prior posting.)

Bodies of Pittsburgh Shooting Victims Handled According To Religious Law

The New York Times reported yesterday on the arrangements at the scene of the Pittsburgh synagogue massacre to assure that bodies of the victims were handled in conformity with Jewish religious law:

All night long, Jewish volunteers stood solemnly in the rain outside the Tree of Life synagogue, where 11 dead bodies lay inside, sealed off with yellow crime-scene tape. The deceased were not supposed to be left alone, according to Jewish tradition, from the moment of death until burial. So when the medical examiner removed the bodies at 5 a.m. Sunday, the volunteers were there to escort them to the morgue....

Once homicide investigators give them the all clear, they intend to meticulously clean the crime scene. They consider everything left behind to be sacred remains, to be preserved and buried with the bodies....

Although autopsies are generally avoided in Jewish tradition, there was no doubt that each of the bodies would need to be examined for evidence in the criminal case. Once the bodies were with the medical examiner, Mr. Wasserman [head of the burial society] ensured that a shomer, as the guard is called in Hebrew, was in the building to keep watch over them as they went through the process.

[Thanks to Steven H. Sholk for the lead.]

Cert. Filed In Touro Synagogue Ownership Dispute

Last week a petition for certiorari (full text) was filed with the U.S. Supreme Court in Congregation Jeshuat Israel v. Congregations Shearith Israel, (cert. filed 10/22/2018). In the case, the U.S. 1st Circuit Court of Appeals held that Rhode Island's historic Touro Synagogue is owned by New York's Shearith Israel congregation. The court also concluded that a pair of historic silver Torah ornaments worth some $7 million are also owned by the New York congregation. (See prior posting.) Providence Journal reports on the petition for review.

Certiorari Denied In Suit Against Palestinian Authority for Shooting of Jewish Worshipers In West Bank

The U.S. Supreme Court today denied review in Livnat v. Palestinian Authority, (Docket No. 17-508, certiorari denied 10/15/2018). (Order List). In the case the D.C. Circuit Court of Appeals held (full text of decision) that the the 5th Amendment's due process clause precludes U.S. courts from asserting jurisdiction in a suit by the families of Jewish worshipers who were shot in the West Bank territories of Israel by Palestinian Authority armed guards at the holy site of Joseph’s Tomb.

Rabbi Sues Condo Association For Religious and Disability Accommodations

Jersey Shore Online reports on a lawsuit filed yesterday in New Jersey federal district court by a retired Orthodox rabbi against his condominium association claiming religious and disability discrimination. Rabbi Philip Lefkowitz moved to the Jackson, NJ senior living community with his two sons in 2016.  All three are confined to wheelchairs because of complications from diabetes. Lefkowitz seeks permission to build a Sukkah -- a temporary structure for the Fall holiday of Sukkot-- that is larger than the association bylaws permit in order for the structure to be wheelchair accessible. He is also asking that a path be built between the sidewalk and a nearby gate that is currently kept locked.  He wants the gate equipped with a Sabbath-accessible lock so he and his sons can get to religious services.

Israeli Court Fines Orthodox Jewish Station For Excluding Women On Broadcasts

Times of Israel reported yesterday:

In a precedent-setting ruling, the Jerusalem District Court fined the ultra-Orthodox Kol Berama radio station NIS 1 million ($280,000) on Thursday for excluding women from the airwaves.

The judge ordered the money be held in a designated fund that will later be distributed to various organizations helping ultra-Orthodox women.

The ruling comes six years after the Reform Movement’s Israel Religious Action Center and the religious women’s rights group Kolech filed a class action lawsuit against the radio station for its refusal to broadcast women on any of its programming.

President Sends Yom Kippur Greetings

The Jewish holy day of Yom Kippur begins this evening.  President Trump issued a Presidential Message (full text) today sending greetings to all Jewish people, saying in part:

Melania and I pray that you are all inscribed in the Book of Life and hope this period of reflection and repentance leads to a deeper relationship with God. 

Mahwah Settles New Jersey;'s Suit Against It Over Anti-Jewish Ordinances

A settlement agreement (full text) was reached yesterday in Grewal v. Towship of Mahwah. (D NJ).  In the case, New Jersey's attorney general charged the Town of Mahwah with religious discrimination aimed at preventing an influx of Orthodox Jews.  In particular, the suit pointed to an ordinance banning out-of-state residents from using public parks, and another aimed at preventing the construction of eruvs. (See prior posting.) The settlement acknowledges repeal of the parks ordinance and affirms the right of residents to build eruvs in the township. $350,000 in penalties and attorneys' fees were suspended so long as terms of the settlement are not violated in the next four years. Various record keeping and reporting requirements are also included in the settlement. NJ.com reports on the settlement. [Thanks to Steven H. Sholk for the lead.]

Israeli Court Orders Recognition of Conversion Performed Outside of Official Rabbinate

Haaretz and Times of Israel report today that in a first of its kind decision in Israel, a Jerusalem district court has ordered Israel's Interior Ministry to register as Jewish in the Population Registry a woman converted by a rabbinical court operating outside of the official Rabbinate.  The conversion was performed by Orthodox rabbis through Giyur K’Halakha, a private initiative of prominent religious Zionist rabbis that is less stringent in its conversion requirements.