Brooklyn District Elects First Hasidic Female Judge In New York

The Windsor Terrace Patch reports that Rachel Freier will become the first Hasidic Jewish woman elected as a judge in New York state.  Frier won 41% of the votes in a 3-way Democratic primary for 5th District Civil Court in Kings County.  The district encompasses various communities in Brooklyn.  Apparently Freier will be unopposed in the November election.  Freier, a mother of six and and attorney, is particularly known for her role in founding Ezras Nashim, an all-female volunteer EMT service for the observant Jewish community.

Reinstatement Precludes Pregnancy Discrimination Suit Against Synagogue

In Shultz v. Congregation Shearith Israel of the City of New York, (SD NY, Aug. 15, 2016), a New York federal district court dismissed (with leave to amend) a pregnancy discrimination lawsuit brought by Alana Shultz, the long-time program director of a New York City Upper-West Side Orthodox Jewish congregation. Plaintiff claimed that the purported elimination of her job position when she returned from her honeymoon was a pretext for firing her because she had been pregnant at the time of her marriage.  When Shultz threatened to sue, the congregation reinstated her to her position. (See prior related posting.) The court held that Shultz's reinstatement eliminated any adverse job action-- a prerequisite to an employment discrimination claim-- saying:

 An employer may validly rescind a termination merely to avoid liability, even begrudgingly, so long as the employer restores the employee to her position with no material change or consequence. 

Courthouse News Service reports on the decision.

NYC Human Rights Commission OKs Limited Women-Only Swimming Hours

As reported yesterday by dna info, the New York City Human Rights Commission has granted the city's Parks Department a limited exemption for gender anti-discrimination rules in order to accommodate religious objections to mixed gender swims at two of the city's pools.  Reserving a limited number of hours for women-only swimming to accommodate Hasidic Jewish women had become a controversial issue in recent weeks, with the New York Times last month editorializing against the practice. However now an HRC spokesman says:

Everyone in New York City should have an equal opportunity to enjoy recreation centers.  After weighing the Parks Department’s request for an exemption for limited women-only swimming hours at two Brooklyn pools and balancing the impact on the broader community, the Commission has granted a limited exemption. Maintaining limited women-only swim hours at these pools will allow all women to enjoy the pool without being asked to compromise their religious beliefs or affiliations and will have a minimal impact on other community members’ ability to access the pool.

The Parks Department though will substantially reduce the number of women-only swim hours to four hours per week.

Judge Orders Church To Hold New Election

In Rock Church, Inc. v Venigalla, (Sup. Ct. NY Cnty, May 3, 2016), a New York state trial court ordered conflicting factions in a small upper East Side nondenominational Christian church to hold a new special meeting of the Church's membership to vote for a Board of Trustees.  The court found that a previous election was invalidly held.  The court concluded that a second ballot after most members thought a membership meeting had ended resulted in a sham election without adequate notice to the membership, in violation of the Church's By-Laws. At issue is a dispute over whether the faction that supports the church's pastor, Daniel Iampaglia, or the faction seeking his dismissal will be elected.  At one point, one of the opponents of Pastor Iampglia filed a police complaint charging him with petit larceny for taking funds from the church offeratory collections.  Iampaglia says the funds were used for church expenses as was the custom. New York Daily News reports on the decision.

2nd Circuit: MTA Rule Change Makes Challenge To Rejection of Anti-Muslim Ad Moot

In American Freedom Defense Initiative v. Metropolitan Transit Authority, (2d Cir., March 3, 2016), the U.S. 2nd Circuit Court of Appeals upheld the dismissal on mootness grounds of a suit against the New York Metropolitan Transit Authority challenging the MTA's refusal to accept an anti-Islamic ad that a pro-Israel group wished to run on the back of MTA buses.  The ad which portrayed a menacing‐looking man with his face mostly covered by a head scarf included the quote:  "Killing Jews is Worship that draws us close to Allah." Then beneath the quote, the ad stated:  "That’s His Jihad.  What’s yours?"  While the case was pending, the MTA changed its property from a designated public forum
to a limited public forum and barred any ad that is "political in nature." (See prior related posting.) New York Post reports on the decision.

Magistrate Refuses To Dismiss Suit Against Anti-Falun Gong Organization

In Jingrong v. Chinese Anti-Cult World Alliance, 2016 U.S. Dist. LEXIS 16560 (ED NY, Jan. 28, 2016), a group of Falun Gong practitioners in Flushing Queens, New York sued an allegedly virulent anti-Falun Gong organization under federal civil rights laws.The court summarizes facts from plaintiffs' complaint:

Defendant CACWA is a not-for-profit corporation ... [whose] mission is to expose Falun Gong as an evil and dangerous threat to society.... CACWA's printed materials and websites indicate that CACWA was created to wage a "douzheng" campaign against Falun Gong practitioners in New York...  A key objective of a douzheng campaign is the forced conversion of targeted groups by compelling members to renounce their political or religious beliefs, supported by a propaganda campaign which, similar to that which was carried out in Nazi Germany  during World War II, characterizes its victims as appropriate targets of violence and abuse.... Originally initiated in China, the anti-Falun Gong campaign was extended into the United States in 2001 by then Communist Party ("Party") Chief Jiang Zemin.

In this opinion, a New York federal magistrate judge recommends refusing to dismiss plaintiffs' 42 USC Sec. 1985(3) claim, saying in part:

Plaintiffs' claims that they were repeatedly attacked ... make it plausible that Defendants "act[ed] at least in part for the very purpose of," ... infringing on Plaintiffs' right to intrastate travel. In terms of class-based animus, Defendants argue that Plaintiffs "misunderstand Defendants' mission" and describe their disagreement with Falun Gong as a mere difference in ideology.... This position must be rejected at least on this motion to dismiss. Frequent threats to "kill" and "dig out [the] hearts, livers and lungs" of Falun Gong practitioners... and the call for a douzheng campaign against Falun Gong, if true, describe religious-based animus sufficient to pursue a claim under § 1985(3).

The court also recommended refusing to dismiss plaintiffs' claims under 18 USC 248(a)(2) which provides a civil remedy against whomever, "by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship." Among other things, the court refused to accept for purposes of a motion to dismiss defendants' argument that Falun Gong is not a "religion."

New York City Will Reimburse Private Religious Schools For Security Guards

The Forward last week reported that New York's City Council earlier this month passed legislation to reimburse all nonpublic schools with 300 or more students for unarmed security guards they hire.  The number of guards tor which they will be entitled to reimbursement depends on the size of the school.  Guards must be hired from a list of firms approved by the city, and they must be paid a prevailing wage.  This is part of a growing list of non-religious items  for which religiously affiliated private schools can obtain government funds.  The City will spend up to $19.8 million on the guards in the first year of the program.

NYC Municipal Judge Sworn In On Qur'an

Geo TV and ABNA report that last Thursday in New York City, a Muslim woman, Carolyn Walker-Diallo, was sworn in as a civil court judge of the 7th Municipal District in Brooklyn, using a Qur'an instead of a Bible for the ceremony.  Walker-Diallo who has been active in local politics and community development, wore a headscarf during the ceremony. Coming at a time of heightened anti-Muslim rhetoric from some quarters in the U.S., social media reaction to the swearing-in was mixed.

Muslim Woman Can Move Ahead With Suit Against Bus Driver Who Evicted Her

In Louis v. Metropolitan Transit Authority, (ED NY, Nov. 6, 2015), a New York federal district court held that a Muslim woman, Maria Louis, could proceed to trial with her retaliation and intentional discrimination claims against a bus driver who insisted that Louis-- who was wearing a burqa that covered her face-- move further back in the otherwise empty bus.  When she refused, the driver had Louis removed by the police.  Louis claims she was standing a seat length behind the driver who called her "scary" and who ordered her to leave the bus when she told him she was a Muslim and had a right to practice her religion. The driver insists that Louis was standing illegally on the white line in the front of the bus and became confrontational when he asked her to move. He says he did not know whether he was dealing with a man or woman because of the burqa. The court dismissed claims against the MTA and the city.

New York Subways Must Run Satiric Ads For Film Portraying Muslim Comedians

In Vaguely Qualified Productions LLC v. Metropolitan Transportation Authority, (SD NY, Oct. 7, 2015), a New York federal district court issued a preliminary injunction requiring the Metropolitan Transportation Authority to display plaintiff's advertising campaign for its film The Muslims Are Coming! in the New York City subway system. The film is the story of a group of American Muslim comedians who travel across the country performing stand-up comedy.  The advertising posters use comedic satire to attract the reader's attention and refer the reader to the film's website.  For example, one ad reads: "The Ugly Truth About Muslims: Muslims have great frittata recipes."

After initially accepting the ads, the MTA later refused them under a revised policy that barred ads which are political in nature.  The policy change came in response to a court order requiring the MTA to accept an anti-Muslim ad from the American Freedom Defense Initiative. (See prior posting.) In yesterday's decision, the district court held that VQP's proposed ads are commercial, and not political in nature:

...[T]o "prominently or predominately" advocate or express a political viewpoint, an advertisement must do far more than refer to a subject about which there is a lack of national consensus.

The court went on to hold that the MTA's determination that VQP's ads were political is not a viewpoint neutral decision:

To suggest, as the MTA's actions do, that an advertisement for the Republican presidential debate with photographs and quotes from candidates is somehow less "political" than humorous statements about the Muslim population's dislike of both terrorism and insufficient bagel schmear is, quite clearly, not viewpoint neutral.

Wall Street Journal reports on the decision. Muslim Advocates' press release on the decision also includes a link to the original complaint in the case.

Challenge To Kaporos Ritual Fails

According to the New York Post, on Monday a New York state trial court judge ruled against activists challenging the Jewish pre-Yom Kippur ritual of kaporos, which involves use of a live chicken in a ceremony to symbolically atone for the past year's sins.  The chicken is then slaughtered and donated to the needy.  The lawsuit (see prior posting) claimed the practice violates various health and animal cruelty laws.  The court found that challengers had not shown that the ritual was a public nuisance, avoiding the need to rule on defendants' free exercise defenses.

New York City Repeals Circumcision Informed Consent Rule

As reported by the New York Times, on Wednesday the New York City Board of Health by a vote of 9-1-1 repealed its largely unenforced regulations that required parental consent forms be signed in cases of ritual circumcision using the direct oral suction technique (metzitzah b'peh). The original regulations were adopted in 2012 in order to prevent passage of the herpes simplex virus to infants. (See prior posting.)  In its Notice of Adoption the Board said in part:

In February, 2015, the Mayor announced a new strategy to address this problem. As part of this approach, the Department will work cooperatively with leaders of the Orthodox Jewish community to educate parents about the risks of DOS. These educational efforts will include working with hospitals throughout the City to distribute educational materials about the risks of DOS to the parents of all newborn infant boys, as well as making this information available at other health care settings, such as obstetric and pediatric practices. These materials, which include a Department telephone number for parents who may have questions, have been translated into Yiddish and are being distributed at hospitals and medical offices that service communities where DOS is practiced. The Department’s educational initiative is more likely to succeed if the Department can restore a strong relationship with these communities.

City officials expect Orthodox Jewish leaders to cooperate in banning mohels  who are found to have infected an infant, though formal arrangements with them are not yet complete. (See prior related posting.) [Thanks to Scott Mange for the lead.]

Medical Examiner Need Not Wait To See If Religious Objection To Autopsy Is Made

In Rugova v. City of New York, (NY App. Div., Sept. 8, 2015), a New York intermediate appellate court held that the trier of fact should determine whether the Medical Examiner's 36-hour delay in informing next of kin that an accident victim's body was available amounted to interference with a family's burial rights (right of sepulcher). However the court held that the Medical Examiner was not liable for conducting an autopsy after the accident even though that was inconsistent with the family's Muslim religious beliefs. The court said in part:

As a matter of statute, the Medical Examiner has extensive authority to perform autopsies within the exercise of professional discretion ... including where, as here, circumstances indicate that the death was accidental....  

Pursuant to statute, compelling public necessity is only required where the Medical Examiner has received an objection on religious grounds from a surviving friend or relative or has reason to believe that an autopsy is contrary to the decedent's religious beliefs.... While plaintiffs obviously could not make such objection, since they had not been informed of decedent's death, it is submitted that the Medical Examiner's office was not obligated to wait and see if an objection would be made before performing the autopsy....

Orthodox Jewish Tenants Sue Over Electronic Keys In Building Renovations

The New York Daily News reports on a class action religious discrimination lawsuit filed in federal district court in New York last month by Orthodox Jewish tenants in LeFrak City, a 20-building housing complex in Queens.  The case is Ibragimov v. Lefrak Organization, Inc., (ED NY, filed 7/23/2015).  The Fair Housing Act suit claims that an electronic key system that has been installed in the renovations of the buildings creates Sabbath observance problems. The change means that  Orthodox Jews who will not create or break an electrical circuit on the Sabbath have to wait outside until someone else is entering the building. The lawsuit seeks to require installation of one door in each building that opens with a conventional key and also the installation of a chip that allows an elevator in each building to operate as a Sabbath elevator-- stopping automatically at every floor without riders needing to press buttons.

NY Lawsuit Seeks To End Pre-Yom Kippur Practice of Kaparot

Monday's New York Daily News reported on a state court lawsuit filed by a group of Brooklyn residents against four rabbis, a number of Hasidic congregations and the city of New York seeking to stop the annual pre-Yom Kippur practice of Kaparot.  The ritual practice that involves the slaughter of chickens has become common in recent years in Hasidic neighborhoods in Crown Heights and Boro Park. A group called Alliance to End Chickens as Kaporos says the practice involves both animal cruelty and substantial public health risks.  Plaintiffs charge that New York authorities are not only not enforcing health and animal cruelty laws, but are abetting violations by blocking off streets and sidewalks so the ritual can take place. An affidavit filed by lawyers in the case says in part:

Ten years ago, Kaporos only occurred in several small alleys and a handful of synagogue parking lots. However, every year it has increased in size and scope. Today, Kaporos has become an overwhelming event that has spiraled out of control. .. (into) a carnival like atmosphere of bloody violence. Clearly this event is now motivated by money and profits, and not by religious redemption.

According to Courthouse News Service:

The complaint alleges that kaporos violates six sections of New York City health codes, four sections of New York state agricultural statutes, and various other laws and regulations. The 19-count complaint names New York City, the NYPD, and nearly 20 other religious leaders and congregations as defendants.

 Brooklyn Assemblyman Dov Hikind says that plaintiffs' depictions of the ritual are inaccurate.

After Policy Change, Court Dissolves Injunction Forcing Carrying of Anti-Islam Bus Ads

As previously reported, in April a New York federal district court granted a preliminary injunction to a pro-Israel advocacy group requiring the New York Metropolitan Transit Authority to accept the group's anti-Islam ad for display on the back of New York City buses. The controversial ad declared that "killing Jews" draws Muslims closer to Allah. The MTA responded to the court order by changing its policy and barring all ads of a political nature.  Now in American Freedom Defense Initiative v. Metropolitan Transit Authority, (SD NY, June 19, 2015), the federal district court granted the MTA's motion to vacate the preliminary injunction, finding that the new policy has rendered the preliminary injunction moot.  The court said in part:

In this case, the only conduct that the Court previously enjoined as unconstitutional was the defendants’ exclusion of the Killing Jews ad under the “incitement of violence” standard.  The defendants are now only excluding the Killing Jews ad under the New Policy banning political ads, a policy they assert that they have no plans of revising.... Thus, the defendants have ceased the conduct that the Court identified as unconstitutional....

[I]t is likely that the MTA’s exclusion of all political ads has converted its advertising space from a designated public forum to a limited public forum or a nonpublic forum.

Raw Story reports on the decision. [Thanks to Steven H. Sholk for the lead.]

Court Requires NY Transit Authority To Accept Anti-Islam Ads

In American Freedom Defense Initiative v. Metropolitan Transportation Authority, (SD NY, April 21, 2015), a New York federal district court granted a preliminary injunction to a pro-Israel advocacy group requiring the New York Metropolitan Transit Authority to accept the group's anti-Islam ad for display on the back of New York City buses. The ad included a picture of a man with his face largely covered by a keffiyeh and the language "Killing Jews is worship that draws us closer to Allah.  That's his jihad.  What's yours?"  The court found a likely infringement of plaintiff's free speech rights in a designated public forum.  It rejected the MTA's argument that the ad could be refused under its standards barring ads that will incite or provoke violence, saying that the MTA had not produced evidence that it would incite imminent violence. Reuters reports on the decision.  Last month, a Pennsylvania federal district court reached a similar conclusion regarding a different anti-Islamic ad from AFDI. (See prior posting.)

Suit Filed Over Sale of Lower East Side Synagogue To Developer

The New York Post reported on April 10 that congregants at the Home of the Sages synagogue of the Ger Hasidic sect on New York City's Lower East Side are suing to invalidate the $13 million sale of their building to developer Peter Fine.  $10 million from the sale will be used to build a Ger synagogue in Israel, while the other $3 million will go to the synagogue's president, Rabbi Samuel Ashkenazi. The April 16 Jewish Business News has more on the story:

[S]ince the synagogue is a non-profit a court must sign off its sale. The sale price is well below market value for the area which set off a lot of red flags.... The synagogue allegedly had a member meeting to pass this deal — even though the ‘members’ were people from Queens who had never stepped foot in the synagogue to worship there.”...

Now here’s where things get complicated. Rabbi Ashkenazi has also been accused by ... [the congregants' lawyer] of using funds from the sale to in effect pay himself $45,000 a year to lease space in his Queens home to the congregation. Apparently, Ashkenazi’s wife was the one who signed the new lease with the synagogue.

In another strange twist the judge, Arthur Engoron, who was set to preside over the preliminary court hearing in New York yesterday, recused himself from the case without saying why.

NYC's de Blasio Proposes Compromise On Religious Instruction In Pre-K Programs

AP reported yesterday that in New York City, Mayor Bill de Blasio plans to expand the participation of Jewish, Christian and Muslim schools in his free pre-kindergarten program for 4-year olds by permitting schools to offer religious instruction and prayer during mid-day breaks. This proposal is particularly aimed at increasing the participation of Orthodox Jewish schools in the program. The New York Civil Liberties Union says this is an "end-run" around church-state restrictions.  Meanwhile, this arrangement may still be a problem for many Jewish schools who see the required secular 6 hour and 20 minute day as too long to leave time for additional religious instruction.  The city is proposing to allow schools to remain open 6 days per week, and also on federal holidays such as Christmas, so students can get 31 hours and 40 minutes of secular instruction per week. But a spokesman for Jewish schools says this compromise is still unworkable.

New York City Schools Will Close On Two Muslim Holidays

NBC News reports that yesterday New York City Mayor Bill de Blasio, fulfilling a campaign promise, announced that two Muslim holidays would be recognized on the city's school calendar.  Schools will be closed on Eid al-Adha and Eid al-Fitr.  It is estimated that 10% of the students in the New York City public schools are Muslim.  City schools are already closed on major Christian and Jewish holidays. (School year calendar.)  [Thanks to Scott Mange for the lead.]