UPDATE: Agudah NJ’s Rabbi Avi Schnall on Eruv ban lawsuit: We reluctantly concluded that our only recourse would be in a court of law

As first reported on TLS, a lawsuit filed by Agudath Israel of America charging Jackson Township with violating the constitutionally protected religious rights of Orthodox Jewish residents has been amended to include an additional count after area residents found their efforts to construct an eruv stonewalled by a newly enacted ordinance that they believe is yet another example of deliberate discrimination targeting the township’s growing Jewish population.

The original lawsuit filed by the Agudah and WR Properties alleged that a pair of ordinances passed by the Jackson Township Council last spring banning schools in residential areas and all dormitories were enacted to prevent Jackson’s Orthodox Jewish residents from creating crucial educational institutions needed to educate their children. Now newly amended, the lawsuit also charges that similar motivation was behind a recent update to section 372-8 of the Jackson town code, removing any possible exemptions from a law that banned the placement of objects in the public right of way.

Rabbi Avi Schnall, director of the Agudah’s New Jersey office, explained that the newly formed Jackson Eruv Association (JEA) approached the township council last spring to discuss the construction of an eruv that would comply with local zoning regulations. Shortly thereafter, the Township issued notifications reminding residents that Section 372-8 forbade items in the public right of way including signs, basketball hoops and eruv markers, slapping violators with hefty fines for non-compliance.

Minor modifications made by the Township Council to Section 372-8 in September had major ramifications for Jackson’s Orthodox Jewish residents. In addition to changing the terminology so that it accurately referred to the governing body as the “Township Council” instead of the “Township Committee,” the wording that allowed for possible exclusions to the ordinance was removed, making it impossible to construct a legal eruv anywhere in Jackson Township.

“There are probably 200 ordinances on the books that still refer to the ‘Township Committee’ instead of the ‘Township Council’ but this is the only one that they have amended,” noted Rabbi Schnall, who has been working closely with the JEA.

Three members of the Township Council told the JEA that they only approved the modifications in order to update the Township code to the proper form of government and that they welcomed a continued dialogue about the eruv. But all efforts to reach out to those members have been ignored, leaving no choice but to take legal action, a decision made in consultation with members of Moetzes Gedolei HaTorah, said Rabbi Schnall.

“We made serious efforts to communicate with the Township Council and even after bringing 300 people to the last township meeting to show how important this is to us, they continue to ignore our respectful ask,” said Rabbi Schnall. “At this point, we reluctantly concluded that our only recourse would be in a court of law.”

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14 COMMENTS

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FYI
8 years ago

Thank you Agudah and R’ Avi for your tireless efforts on behalf of the klal and of particular Jackson. Thank you to the JEA for all of your hard work.
Shame on the council members who refuse to have dialogue besides for with bigoted people. Your ruining Jackson. My neighborhood and neighbors at least don’t reflect the Jacksons leadership.

Not a fan
8 years ago

After mawah, does Jackson really think they’re going to get away with this blatant hatred? This is America, and we all have rights. See you in court. Oh, and great job Jackson at costing the taxpayers tens of thousands of dollars to have to fight this.

Stephanie
8 years ago

As a non-jewish jackson resident, I’m honestly fed up with this (moderated) council. I have jewish neighbors and work with jews all day. You make it sound as if they’re a disease. It’s sickening. I’ve had nothing but good experiences with them. Are there some bad apples? Yes, like every religion. But stop your nonsense and misconceptions. I would suggest you switch the ordinance now before the court makes you do it and not have to cost the town millions. Just unreal.

Devora
Reply to  Stephanie
8 years ago

Thank you Stephanie. It’s sad what all this is doing to our beautiful town, and it is voices like yours that help preserve some of that beauty that is found only in unity.

resident
Reply to  Stephanie
8 years ago

Koodos for standing up to the masses! We can do with more honest and wholesome people like you around!

Moshe
8 years ago

Hamakam yenachem eschem……

Bob
8 years ago

Thanks for speaking up. If only more residents in Jackson would have the courage to stand up to the few rabble rousers who are intent on harassing and maligning the Jewish community

frumyid from Lakewood
8 years ago

Has Agudah reached out to the NJ Attorney General to urge him to file suit against Jackson as he did in Mahwaw.

Cpa
8 years ago

Avi is sitting shiva, unless he commented this week I don’t think it’s respectful to quote him this week. If you need to, note that the comment was from prior to this week.

Stephanie
8 years ago

Thanks for your comments. Whenever we get together at parties etc, we broach the topic and my friends share the same sentiment. It’s a few rotten apples in our midst who make loud noise and harass the council into doing things. I think if the council stood up against these bigots, we would see things calm down. The issue is, from what I’ve read, some of the council and town officials themselves are perpetuating the misconceptions and are preaching to the choir.

I would urge the council to stop if before it gets even more out of hand.

And this is coming from someone who has nothing to do with politics. I just want to live in peace with my neighbors. Talking about neighbors, none of my jewish neighbors were ever involved with any of the crimes I’ve dealt with with previous neighbors. They are family-loving and friendly. So quit the stereotyping.

And to my jewish neighbors, the (moderated) family who brought us over cookies and played catch with my children in the front yard, thank you again! If only all my neighbors were the same.

Keith Kaplan
8 years ago

I’ve been at the Mahwah council meetings speaking out against the antisemitism there since July. The amended complaint filed in this case as well as the original complaint are available on my blog should anyone want to read them. I will updated the cases as they progress.

It’s at DidTheyVote

h a d
8 years ago

seriosly if ag opens case against jackson there go the mayor and mr nixon higher political goals….

Kelly McKleane
8 years ago

I have great Jewish neighbors in Jackson. My old neighbors were hateful with js/don’t sell signs and where first to leave our block.

bubbynj
8 years ago

The complaint is very well written – with substantiated comments. Kudos to the attorneys for submitting a well-researched complaint; in my work as a Law Librarian, I was impressed with the thoroughness of this complaint. It will be interesting to see if the NJ AG’s office also files a complaint against Jackson as it has in Mahwah. Just a sad commentary on the perceived bigotry of a township council