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U.S. Govorment Sues NY Village Over Shabbos house

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נשלח ב-27/9/2006 10:11 לינק ישיר 
U.S. Govorment Sues NY Village Over Shabbos house

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U.S. sues village for denying building permit to 'Shabbos house'
 
By The Associated Press
 
WHITE PLAINS - The U.S. government has filed a lawsuit against a New York village, accusing it of religious discrimination for denying a zoning variance to a residence used by Orthodox Jews so they can visit a hospital on the Sabbath without breaking religious laws.

The government said their lawsuit that in denying the variance for a "Shabbos house," the village of Suffern violated the Religious Land Use and Institutionalized Persons Act of 2000. It requested an injunction against enforcement of any village laws that would burden the group's religious practices.

A village attorney, Terry Rice, said that while he had not seen the lawsuit, the agency that requested the variance "did not claim it was a religious use."

 
"The zoning board applied New York state law and had no choice but to deny" the variance, he said.

Bikur Cholim Inc., an Orthodox Jewish service agency, provides meals and lodging for Orthodox Jews in a "Shabbos house" so they can visit patients at nearby Good Samaritan Hospital on Saturdays without violating restrictions on driving and other activities on the Sabbath or other holy days.

The house, about 64 kilometers north of midtown Manhattan, had been on the hospital grounds, but when Good Samaritan expanded in 2004, the service agency took over a newly built house in an area zoned for single-family homes across the street.

The village denied a building permit and a zoning variance that would have allowed use of the house by up to 14 people, the lawsuit says. The house continues to operate pending court decisions.

Rice said it has not been established that such a "hotel-type" use is a religious use, but Paul Savad, a lawyer representing Bikur Cholim in its own lawsuit against Suffern, said visiting the sick is a strongly held religious practice for Orthodox Jews and prayers and services are conducted on the Sabbath at the residence.

The government has invoked the Religious Land Use act in at least two other lawsuits in the region, supporting a Jewish school's new building and a Hasidic boarding school.




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מנותק
נשלח ב-28/9/2006 01:53 לינק ישיר 

 

September 27, 2006

Suffern Is Sued for Religious Discrimination After Village Rejects an Orthodox Lodging

WHITE PLAINS, Sept. 26 — The federal government sued the village of Suffern for religious discrimination on Tuesday, charging that it denied a private group the right to run a home offering lodging and meals to Orthodox Jews visiting patients at a local hospital on the Sabbath and holy days.

In the lawsuit, filed in Federal District Court here, the government said the Rockland County village violated the Religious Land Use and Institutionalized Persons Act of 2000 by refusing to grant a zoning exemption to allow the group, Bikur Cholim Inc., to operate the home.

''This lawsuit enforces Congress's determination that local zoning regulations must give way when they unlawfully burden religious exercise,'' Michael J. Garcia, the United States attorney for the Southern District, said in a written statement.

Village officials have argued that the property, known as a Shabbos House, is essentially a transient motel and cannot operate out of a single-family house in an area zoned as residential.

''A transient group is absolutely contrary to the definition of what a family is and what should be in a single-family zone,'' the village attorney, Terry Rice, said in an interview. ''Frankly, for the United States government to get involved is reprehensible.''

The yellow two-story house on Hillcrest Road stands empty during the week, but up to 14 people will stay there, free of charge, on the Sabbath and holy days, according to Rabbi Aron Reiner, a director at the Shabbos House. The Sabbath begins at sundown on Friday and ends at sundown on Saturday.

The Shabbos House allows visitors to observe religious practices and restrictions while still being able to visit a patient at Good Samaritan Hospital, which is around the corner. Orthodox Jews cannot drive on the Sabbath.

The hospital serves the heavily Orthodox Jewish communities of Monsey, Spring Valley and New Square.

''We have elderly people, we have mothers who just gave birth, we have sick people who just can't walk,'' Rabbi Reiner said. ''That's why this house is a perfect solution. But as many times as we've wanted to straighten it out with the village, they didn't want to negotiate with us.''

In December, after its request for a zoning exemption was denied, Bikur Cholim, an Orthodox Jewish health services agency, filed its own federal lawsuit against the village. The group asked the court to issue an order preventing Suffern from using its zoning laws to force the Shabbos House to close.

''We're not asking for any monetary compensation,'' said Paul Savad, a lawyer who is representing Bikur Cholim. ''We're only asking for the right to exist and to service the people of Jewish faith.''

Dozens of religious institutions in towns and villages across the country have filed similar suits in recent years, accusing zoning boards of violating the Religious Land Use and Institutionalized Persons Act. The law prohibits zoning regulations that impose a substantial burden on religious exercise unless the government can show that there is a compelling interest in doing so and no less restrictive way to further that interest.

In Mamaroneck in Westchester County, a federal judge earlier this year agreed to allow a yeshiva to expand after the village refused to let the school add a new building on its campus. Lawyers for Mamaroneck are appealing the decision.

Bikur Cholim, Hebrew for ''to visit the sick,'' has operated a Shabbos House in Suffern for 18 years, mostly at a private home, without protest from the village or its residents, Rabbi Reiner said. (The group also runs similar homes in the village of Nyack and at the Westchester Medical Center.)

In 1998, the Shabbos House moved to Good Samaritan Hospital, where it stayed until 2004, when the hospital needed the space for a new cardiac unit. Last year, it moved into the house on Hillcrest Avenue. Then the village stepped in, citing the group for code violations and the illegal use of the house, Mr. Savad said.

Rabbi Reiner said the village objected to the Shabbos House out of prejudice, but the village attorney, Mr. Rice, insisted that the village's actions had nothing to do with religious discrimination.

''We have all kinds of churches in Suffern,'' he said. ''We have a mosque. This is a very diverse community. This has nothing to do with who they are.''





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מחובר
נשלח ב-28/9/2006 18:39 לינק ישיר 

אין דא א פארקערטע מעשה, זיי ווילן צווינגען א איד צו עפענען זיין מעדיקל סענטער אויך שבת ווייל די שווארצע שכנים דארפען דאס האבען

Sabbath Closure Seen As Biased
 

Steve Lipman - Staff Writer
 

In a case that could pit civil rights concerns against government-protected religious accommodation, the Rockland County chapter of the NAACP has filed a complaint against an Orthodox-owned medical clinic, calling on the facility to stay open on Saturdays, provide diversity training to its employees, and hire more staffers from the minority community.

The complaint, filed with the state Division of Human Rights by the NAACP of Spring Valley, accuses the Ben Gilman Medical and Dental Clinic in Spring Valley of ''unlawful discriminatory practice.''

''The willful closing of the clinic on Saturdays serves no other business purpose than to impose the extremity of [the owner's] religious beliefs in Hasidic Judaism on the community it serves which consists of predominantly African Americans and Hispanics,'' the complaint states, adding that the clinic ''engag[es] in disparate treatment of people who believe in a religion other than Hasidic Judaism, and … [fail]s to accommodate other religious beliefs.''

The defendant is Monsey businessman Mendel Hoffman, managing director of the Spring Valley clinic and of another in the area, about a mile away. The Spring Valley facility opened two years ago on Route 59, which is near large haredi and minority populations. The clinic has been closed on weekends since its began operations.

According to the complaint, the National Association for the Advancement of Colored People took part in discussions last spring, conducted at the office of the Spring Valley mayor, with the clinic's owner and management, to ''reasonably accommodate'' the needs of the clinic's minority patients. Hoffman subsequently indicated that he could not open the clinic on Saturdays ''as he did not get permission from his rabbinic authority,'' the complaint states.

The complaint does not cite specific instances of discrimination. Willie Trotman, president of the NAACP chapter, who filed the complaint, said it is intended to make the clinic's black and Hispanic patients feel more comfortable, and to make its services more accessible. ''People get sick seven days a week,'' he said. ''We're not alleging [discrimination]'' against or specific harm to patients unable to receive treatment on Saturdays.

As a recipient of government funds – the clinic accepts Medicare and Medicaid payments – the facility should be open during hours that do not discriminate against members of any religious group, Trotman said; i.e., the clinic should be forced to stay open on Saturdays.

Several Jewish authorities on law and religion said the complaint has a weak legal foundation, and makes demands on the clinic's Orthodox owners that halacha, or Jewish law, do not support. But the complaint could create a dangerous precedent if its claims are upheld by the Division of Human Rights, they said, adding that a Jewish business can no more be compelled to open on Saturday than one owned by religious Christians could be forced to open on Sundays.

''The complaint has nothing to do with ethics or with medical responsibility,'' said Rabbi Moshe Tendler, a Talmud lecturer at Yeshiva University and an authority on Jewish medical ethics.

''You have a family physician — does he take off one day a week?'' asked Rabbi Tendler. Halacha, he said, does not require a Sabbath-observant physician — or in this case, a clinic – to work every day as long as ''he has somebody covering for him'' to handle emergency cases on Shabbat. ''You're not endangering anyone's life.

''There's an emergency room that's open'' at hospitals in the area, said the rabbi, who lives in Monsey.

Rabbi Tendler said the complaint borders on outright anti-Semitism and may ''blacken the reputation of frum Jews.''

The general counsel of the American Jewish Congress, Marc Stern, said ''I don't think there's much legal merit to the complaints.''

David Zwiebel, Agudath Israel of America's executive vice president for government and public affairs, called the NAACP charges ''one of the most outrageous claims I have ever heard. I think the NAACP has done a disservice to community relations.''

Zwiebel, an attorney, said Agudah has advised the clinic's owners on a response to the complaint.

The clinic, a private business, ''is not required to stay open on Saturdays,'' or on Sundays, he said. ''There is nothing that requires a place like this to be open on the weekend.

Robert Lewis, the clinic's attorney, said the owners asked their rabbinic advisers about the permissibility of staying open on Saturdays, with non-Jewish employees staffing the facility, after the NAACP first approached the clinic several months ago. The rabbinic advisors said no, Lewis said.

The clinic is a ''full service'' outpatient facility, serving some 250 persons a day, with physicians trained in several medical specialties, he said, adding that it often serves as a primary care center or emergency room for poor patients. He said the Division of Human Rights, following an investigation, ''may have the power'' to order ''an adjustment'' of the clinic's operating hours, requiring it to open on Shabbat.

He is to file a response to the complaint this week.

The NAACP complaint does not reflect an undercurrent of poor relations between Orthodox Jews and minority group members in the Spring Valley area, said Shimon Pepper, executive director of the Jewish Federation of Rockland County.

''Relations have been good,'' Pepper said. ''A lot of minority groups have gone to the Rockland Holocaust and Studies Center [in Spring Valley] to see the activities.'' n





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