The Chabad Shul in Toms River, under the auspices of Rabbi Moshe Rabbi Gourarie, has filed a lawsuit in court against the Toms River Township, claiming their rights were violated and that recent anti-Semitic actions played a role in the Shul’s alleged violations.
The suit stated, “This action is commenced by Plaintiffs to redress violations of civil rights, as protected by the Free Exercise and Equal Protection Clauses of the United States Constitution, 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C.”
It further states, it was “Motivated by significant anti-Semitic hostility by Defendants and the local community and directly contrary to state law, the Township and Board have prohibited the Plaintiffs’ use of the Property as a clergy residence, which involves the single-family residence of Rabbi Gourarie and his family, small weekly prayer services of 10-15 people, Hebrew study for five children for two hours per week, and sporadic other small religious gatherings. The Chabad’s property is located directly adjacent to an American Legion hall, a Christian church, and a large college. The Defendants took such action despite the fact that Township officials have themselves previously admitted that the Plaintiffs’ use was permitted, and knowingly permitted such use for twelve years. However, the Defendant Board, knowingly responsive to the hostile local community rejected any such use, regardless of any limitations or conditions that could be placed on such use.”
“These recent actions to shut down the Chabad took place during a rising tide of anti-Semitism among the Toms River government and population, fearful that the ultra-Orthodox Jewish community located in adjacent Lakewood Township will extend into Toms River. In March 2016 the Township’s Mayor, Thomas Kelaher, was recently quoted as describing ultra-“Ultra-Orthodox” Jews belong to a subset of Orthodox Judaism and are identifiable by distinctive attire and rejection of secular culture. Although the Plaintiffs are themselves ultra-Orthodox, the individuals to whom they reach out are nearly all non-Orthodox.”
“Orthodox Jews moving into Toms River as an “invasion,” regarding which he later stated “I have nothing to apologize for. . . . I don’t feel like I did anything wrong.” Further, an Assistant Township Attorney made a following statement regarding an anti-solicitation ordinance designed to prevent ultra-Orthodox Jews from purchasing homes in Toms River, which reads in part: “[D]ealing with this situation is much like a chess game. Every action seems to be countered in one way or another. That is why it requires a collaborative effort between concerned citizens and the governmental apparatus.”
“Significant evidence of the anti-Semitic hostility of such “concerned citizens,” which often was directed at the Chabad’s religious use, has frequently appeared online in petitions, on social media and news websites, where statements referred to ultra-Orthodox Jews and/or the Chabad’s use as “cockroaches,” “trash,” a “cult,” “he-brews and she-brews,” a “Jewish conspiracy,” “disgusting phonies,” a “joo school,”“(moderated) jews,” “dirty,” and a “disease,” among many other negative epithets. As one Toms River resident stated regarding the Chabad’s zoning request, “Keep these (moderated) jews out of Toms River.. There will be issues if this passes… I promise.”
“In March 2016, the words “Burn the Jews” were scratched into playground equipment at Riverwood Park in Toms River. Not only did this incident fail to raise outrage in the local community, but most published local comments were more sympathetic to the perpetrators than to the Jewish population.”
“Moreover, the Township’s land use ordinances, which would permit secular occupation activities at the Plaintiffs’ property such as “Home occupation” and “Home professional office,” and would permit secular gatherings of people at a home for purposes such a book club, treat Plaintiffs’ use differently and worse on the basis of religion.”
Read the full 56-page lawsuit filed yesterday, here.
[TLS]