Today, Agudath Israel of America filed a lawsuit in federal court, asking for a temporary restraining order to bar the State of New York from enforcing its limits on house of worship attendance in certain areas of the state. The limits, announced by Governor Andrew Cuomo just two days ago, would cap Shul and other houses of worship attendance in so-called “red zones” to ten individuals.
The memorandum argues that the Executive Order’s restrictions unconstitutionally discriminate against religious practice while simultaneously permitting comparable secular conduct. Moreover, the restrictions violate Free Exercise rights because they appear to target conduct due to their religious motivation
With Hoshanah Rabbah, Shemini Atzeres, and Simchas Torah holidays beginning tomorrow, October 9th, these limits would, according to just one of the points made in the lawsuit, disrupt the religious observance of tens of thousands of Orthodox Jews, “depriving them of their religious worship and holiday observance.” This is because, for example, in a synagogue the size of co-plaintiff Agudath Israel of Madison, “the capacity limits would require over twenty such services on Friday morning to serve the entire congregation. That is simply impossible.”
The lawsuit also contends that although the caps apply to all house of worship, and thereby discriminates against all religions, the order disproportionally impacts the religious services of Orthodox Jews who cannot drive to a synagogue out of a “red zone” on Shabbos or holidays such as Shemini Atzeres and Simchas Torah.
The filing requested that the court – in light of the holidays beginning tomorrow – immediately grant a temporary restraining order (TRO) preventing the state government from enforcing the new limits, as well as declaring the executive order unconstitutional.
Other plaintiffs in the filing were Agudath Israel of Kew Garden Hills, Agudath Israel of Bayswater, Congregation Zichron Moshe Dov, Rabbi Yisroel Reisman, Rabbi Menachem Feifer, Rabbi Aaron Stein, Steven Saphirstein, and Aharon Weisenfeld.
“Social distancing, masking, and all health precautions must, of course, be observed,” said Rabbi Chaim Dovid Zwiebel, executive vice president of Agudath Israel. “However, we think that it is possible to stay safe and at the same time have more than ten people in a Shul building that is meant to hold hundreds.”
“This lawsuit is a last resort,” said Agudah’s Chairman of the Board Shlomo Werdiger. “We would have been able to accomplish much more for these critical public health needs had the governor’s administration worked together with us more closely beforehand. We look forward to working with them next time. Unfortunately, the Governor’s new executive order makes it impossible for us to practice our religion, and we really had no choice but to seek relief in the courts.”
Representing Agudath Israel is the law firm Troutman Pepper. The legal team is led by well known attorney Avi Schick.
Will do a lot, just like e when they tried to stop sleep away camp closure.
You people in NY & NJ vote in dems and this is what you get.
Excellent Job! I only question the wisdom of including the argument that due to the prohibition of driving on Yom Tov, Jews will be unable to travel to a synagogue outside of the “red zone”, implying that but for this prohibition, they would simply go somewhere else where there are no restrictions. I would think that this last thing the Judge would wants to hear.
Correct in majority of the shuls in these places there have been zero safeguards for months haven’t heard them come out and say follow the rules in shul
When will we wake up?
This is Midah K’neged Midah for throwing anti-vaxxers out of Shul in 2019 during the measles outbreak..
The midah kneged midah is Hasham is showing anti vaxxers what happens without vaccines, and therefore they have no right to endanger the tzibbur by not vaccinating as the gedolei haposkim paskened.
ATTN Comment #4
This is so so true. but unfortuntately, klal yisroel doesnt want to take responsibility for their actions. i don’t know what else HKBH will do in order to get them to WAKE UP! and APOLOGIZE
To #4 & #5 Maybe HKBH wants that all jews should stop bad mouthing each other. It is awful the amount of hate from one jew to anther.
The only way to get mechila for bein adam l’chaveiro is by asking forgiveness. Doing things now doesnt undo what happened in the past. Ive heard this from numerous gedolim. Why does noone listen?