JACKSON – Agudath Israel of America, which advocates for the interests of the Orthodox Jewish community, has amended its lawsuit against Jackson to add a complaint about a so-called “eruv ban” ordinance that was recently adopted by the Township Council.
The organization’s legal action against the township began earlier this year and has its roots in the council’s adoption in March of an ordinance that prohibits the construction of dormitories in all zoning districts in Jackson.
Although no dormitories have been proposed, officials said they were taking the action because dormitories were not previously addressed in the municipal code.
In May, Agudath Israel of America asserted in a legal complaint that the ordinance was enacted to prevent schools for Orthodox Jewish students, and dormitories to house those students, from being constructed in Jackson. The organization claims the ban on the construction of dormitories is unconstitutional and illegal under the U.S. Constitution.
In September, the council adopted an amended version of an existing ordinance that restricts obstructions from being placed in rights of way throughout Jackson. Municipal officials said the purpose of the ordinance is to keep streets clear of obstructions.
Members of Jackson’s Orthodox Jewish community expressed concern that the amended law amounts to a ban on the establishment of eruvs in the township.
An eruv is an area enclosed by a wire boundary that symbolically extends the private domain of Jewish households into public areas, permitting activities within it that are normally forbidden in public on the Sabbath.
In October, Agudath Israel of America amended its lawsuit regarding the ban on dormitories to add its objection to what some people have labeled the “eruv ban” ordinance.
The organization states that “as a result of the adoption of (the right of way ordinance), eruvim (the plural of eruv) are now prohibited throughout the township” and it asserts that the enactment of the ordinance “occurred against a backdrop of extreme anti-Semitic hostility in the township.”
The amended complaint states that “in enacting the (right of way) ordinance, the township presented no evidence that an eruv, which had been in existence for over six years in the township, would threaten any legitimate township interest. The township possesses no compelling or sufficiently substantial governmental interest to justify the restriction contained in the ordinance. There is no legitimate governmental interest in prohibiting the establishment of eruvim throughout the township.”
The Jackson Eruv Association formed in the spring of 2017 with the goal to establish a community eruv in Jackson. The aforementioned eruv that has existed for six years is a private eruv.
In a press release, the association said it “calls upon Jackson to respond to our repeated requests to meet with them to reach a mutually acceptable solution that protects the rights of all Jackson residents. We applaud Agudath Israel of America for standing up for the rights of Orthodox Jews by challenging the ordinance that limits our ability to build eruvs.
“Time and again, state and federal courts have determined that actions similar to those taken by Jackson violate constitutionally protected religious freedom rights. We implore our hometown to reconsider and find an amicable way to keep our protected freedoms intact in a way that will have virtually no impact on its non-eruv using residents,” the association said.
Mordy Bernstein, the president of the Jackson Eruv Association, said the Orthodox Jewish community felt targeted after the ordinance banning the construction of dormitories in Jackson was adopted by the council.
“We may file our own suit if the time comes (and) if it becomes necessary, but we are still hoping for the diplomatic option to work. We have emailed the township so far to no avail … we (are) asking the township to sit down and work something out with us because we are ready to move forward and we are hoping the township answers in the affirmative and we avoid another costly eruv battle,” Bernstein said.
He said the Jackson Eruv Association supports the lawsuit that has been filed by Agudath Israel of America, although he believes it will waste taxpayer dollars.
“There has not been an eruv battle where the township has won … because I think the general consensus of the courts has always been that an eruv is not considered an obstruction to the right of way and an eruv is protected under the first and 14th amendments,” Bernstein said.
Bernstein said materials that may be placed on a utility pole to delineate an eruv constitute a “reasonable” and “normal” religious accommodation.
“We are not even so sure why the township is going down this route, but unfortunately I think they are being pushed to this by politics. We would obviously like for this to be settled and we would love to come to the table and talk,” Bernstein said.
Township Attorney Jean Cipriani did not respond to a request for comment.
