Antisemitism

When Mahwah needed leadership, their leaders chose silence

Posted on by in Antisemitism, Eruv, Mahwah, Ordinances | Leave a comment

This Thursday, Mahwah will vote on the second reading of Ordinance 18201, which rolls back the ban on out-of-State residents using Township parks. The ban was put in place after hysterical recountings of a “Jewish invasion” spread throughout social media and within the halls of Town Council meetings.

The vitriol on display since the summer has been deplorable.  It’s good that the pendulum has started to swing back.  But Mawah’s Council President, Robert Hermansen, wants it to stop on a dime — right back in the center where this all began.  That’s not how pendulums work.  In order to reverse course, it’s helpful to know how you got into the ditch. When it comes to confronting the animosity, fear and hatred which is infused in Mahwah’s discriminatory ordinances, the Council has shown no sign of being self-aware.

I and many others have been calling for the repeal of this ill-advised gambit against neighboring Hasidic Jews, since July.  So have a handful of Mahwah residents.

Watch and contrast how the Council treated vile comments from a resident at the last  meeting, with comments from the East Coast Director of the Simon Wiesenthal Center: 

At the December 14th Council meeting, a resident approached me Read More

BREAKING: DOJ investigation into discriminatory zoning in Jackson, NJ

Posted on by in Antisemitism, Blog, Eruv, Jackson, Litigation, Ordinances | Leave a comment

As reported by JacksonLeaks.com, the Civil Rights Division of the US Department of Justice has launched its own investigation into Jackson’s municipal laws over possible violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Fair Housing Act (FHA).

As was reported yesterday, the NJ State Attorney General’s office has also sent a subpoena to Jackson officials requesting documents related to their ban on eruvs within the township.

The DOJ’s request (embedded below) focuses on two ordinances (3-17 and 4-17) dealing with school and dormitory requests by a religious organization, after bans were put in place by Jackson officials.  It requests 10 years worth of zoning and planning documents to see if there is a pattern of targeting unwanted groups or part of a coherent strategy on zoning.

From the DOJ demand letter:

“Our investigation will also focus on whether the Township, by enacting these Ordinances, has engaged in discrimination on the basis of religion by effectively prohibiting any religious organization from establishing a school with religiously affiliated housing, including a yeshiva, in Jackson.”

Read More

Mahwah is starting to reap what they have sown

Posted on by in Antisemitism, Blog, Eruv, Litigation, Mahwah, Ordinances | Leave a comment

On Thursday evening, Mahwah introduced Ordinance 1820, which rolls back the restrictions on non-NJ residents entering their parks, created by Ordinance 1806 this summer.

Mahwah’s attorney, Brian Chewcaskie called the move a “strategic recommendation by council” and it seems calculated to do whatever is necessary to appease the outgoing attorney general, who filed a 9 count complaint against both the Township and it’s Council individually, for passing animus infused ordinances against Hasidic Jews in neighboring New York communities, that were enjoying the local public parks.

At the meeting, there was no sign or acknowledgment by the Council that these restrictions, which prompted warnings and alarms from every level of government earlier this year, were wrong on their face.  There was no contrition.  There was no Read More

[UPDATE] SETTLEMENT: Jackson, NJ Eruv can be built (resolution pending)

Posted on by in Antisemitism, Blog, Eruv, Jackson, Ordinances | Leave a comment

UPDATE: This may not be a done deal just yet.  As per TLS:

There have been reports today in various media outlets claiming that the Orthodox community’s lawsuit against Jackson Township has been “settled” following the Township’s introduction of a resolution to allow Eruv placement on utility poles.

These reports are blatantly inaccurate.

Rabbi Avi Schnall, Director of Agudath Israel’s New Jersey Office, the lead plaintiff, explains the status of the lawsuit:

“We are currently engaged in mediation with Jackson Township,” Rabbi Schnall told TLS. “While we are encouraged by the Township’s Resolution, no settlement has yet been reached. We are not at the end, and much more still needs to be worked out. We remain hopeful for a positive resolution.”

Jackson, NJ has entered into a settlement with Agudath Israel, a Jewish group attempting to create an Eruv over objections from the Township. The agenda lists Resolution 368R-17 as pending.  The Resolution (embedded below) calls to:

“Ratify interim settlement and stand-still agreements in connection with pending litigation and provide municipal consent for residents to seek utility company permission for space on utility poles”

It goes on to note:

“That permission and authority are hereby granted for the placement of eruvim/lechis on poles erected by utilities that have the lawful right to maintain the poles within the public right-of-way in the Township of Jackson provided the utility company consents to such placement and there is compliance with all applicable Federal, State and Local laws regarding safety requirements related to the use of the public right-of-way.”

As per the Asbury Park Press:

“The resolution to be voted on by Jackson council members specifically notes “exorbitant amounts of legal fees” as a reason for the settlement.”

The settlement comes a few days after the Village of Pomona lost a costly Federal Court battle over zoning created to prohibit a Jewish group from building in the NY area situated a few miles from Mahwah, NJ where a similar court action is pending.

There is a closed session meeting in Mahwah, NJ to discuss litigation today, Tuesday December 12th.

Dec 13 - 368R-17 - Authorize Consent to Request Space on Utility Poles

Will the Mahwah Council Surrender?

Posted on by in Antisemitism, Blog, Eruv, Litigation, Mahwah, Upper Saddle River | Leave a comment

On Thursday, December 14th, the Mahwah Township Council agenda reads:
“Ordinance 1812; Discussion”

It’s unclear what the purpose of this “discussion” will be from the agenda.  Perhaps, it a signal that the day of reckoning is coming to Mahwah, and the Council will tell the Attorney General they will never pass such an ordinance.

If so, they would be wise to also remove Ordinance 1806 (which prevents Jews from neighboring Rockland County from using its parks) at the same time.  After the Chief of Police, County Prosecutor and State Attorney General declared the Township cannot enforce Ordinance 1806, it became the central element of the lawsuit against the Township for discrimination by the NJ State Attorney General.

Since it has no positive benefit (it can’t even be enforced) and it’s the main thrust of the Attorney General’s case against the Town and its council, the smartest move they can make is to eat a little crow and repeal Ordinance 1806 while disavowing Ordinance 1812.

What is Ordinance 1812?

As you may recall from August, this ordinance sought to strengthen the existing sign ordinance within the Township, at the same time as the administration was sending letters to Orange and Rockland Utilities and the Eruv Association, claiming that the Eruv violated the local sign ordinance.

Here is the language of the ordinance as it was proposed back in August:

The language is identical to Upper Saddle River’s Ordinance 16-15 (which is what USR claims is the basis to deny the BREA’s request to install an Eruv) and this discussion in Mahwah was taking place as an Eruv request was pending there.

Here are Mahwah’s 1812 and USR’s 16-15 side by side:

Therefore it came as no surprise that part of the complaint the Attorney General filed against the Township of Mahwah cited Ordinance 1812 as evidence of discriminatory intent.  In fact, on advice of their attorney Brian Chewcaskie, ordinance 1812 was tabled at the meeting of August 10th.  The Minutes which were posted this week reflect that:

And now…. it’s back.

Will Council President Robert Hermansen have the stomach to do the right thing and remove Ordinance 1806 while disavowing Ordinance 1812, after the rank animus exhibited by the council and several hundred residents?

We will see on Thursday.

Decision in Pomona

Posted on by in Antisemitism, Blog, Litigation | Leave a comment

Finding zoning rules were discriminatory against a dorm school, a decision in Manhattan Federal Court yesterday (112 page opinion embedded below)  dealt a major blow against the Village of Pomona and their legal team (including lead attorney Marci Hamilton, who is also Of Counsel for Upper Saddle River in their Eruv litigation).

via Lohud.com, the battle cost Pomona more than $3 million as of 2016 (they had budgeted $800,000) and is still ongoing.  They may be required to pay an additional $4 million in legal fees for Plaintiffs as well.

In addition to legal fees, the village was ordered to pay an additional $43,000 last year because the Mayor and former Trustee were found to have destroyed evidence by removing Facebook posts that were derogatory towards the Plaintiffs.  “[Judge] Karas had called Louie’s deletion a “rare case where bad faith and a clear intent to deprive Plaintiffs of the evidence… is sufficiently clear” in a 145-page decision released in September 2015. ”

As per yesterday’s opinion:

“[Judge] Karas found “Plaintiffs established that Pomona’s zoning scheme is impermissible pursuant to New York law because its exclusionary scheme was enacted for an improper, discriminatory purpose and, consequently, is invalid.” (page 110)

Read More

Mahwah will reap what Robert Hermansen sowed

Posted on by in Antisemitism, Blog, Eruv, Litigation, Mahwah | Leave a comment

As previously noted, the Attorney General of New Jersey laid down a pretty damning complaint on the doorstep of Mahwah Council President Robert Hermansen and his council-members.  The accompanying press release likened the council’s conduct to “1950s-era “white flight” suburbanites who sought to keep African-Americans from moving into their neighborhoods.”

Sadly, this was wholly avoidable and Robert Hermansen, knowing the risks, chose this fight. Now he has it.

For those that may not have seen the previous posts, the Township Council in Mahwah has been attempting to use inapplicable ordinances, in a discriminatory manner, to advance an agenda fueled by hatred and bigotry. Eruvin are not signs, despite the attempts of Mahwah’s council to declare them as such and parks paid for with public funds cannot legally restrict public access. 

The rights to liberty and freedom, enshrined in our founding documents, are always under attack. I am very pleased that the Attorney General and others are standing up for those rights. The message needs to be heard loud and clear.
Read More

Breaking: LAWSUIT FILED BY NJ AG Against Mahwah NJ

Posted on by in Antisemitism, Blog, Litigation, Mahwah | Leave a comment

Breaking: Lawsuits filed by the State against Mahwah, NJ.

State to Mahwah, NJ: Fear and bigotry will not be tolerated

The Attorney General said in a statement:

“This is an extensive complaint … but the bottom line is very simple — the township council in Mahwah heard the angry, fear-driven voices of bigotry and acted to appease those voices”.

The lawsuit focuses on two ordinances the Mahwah Council passed in their retaliatory attempts to keep out Orthodox Jews from Rockland County.

The lawsuit (like the others filed) will be uploaded here as soon as I receive a copy.

I’ve obtained the lawsuit and it’s posted below.  I’ll follow up with docket and new filings.

Stay tuned. Read More

Making Canon fodder of USR’s Eruv Ban (Ordinance 16-15)

Posted on by in Antisemitism, Blog, Eruv, Upper Saddle River | Leave a comment

USR: Open Public Records Act (OPRA) requests show that in August of 2015, the Borough of Upper Saddle River started to discuss Vaad HaEruv’s application and contract with Orange & Rockland Utlities for an Eruv covering a small portion of the borough. Records produced also show that the borough council immediately moved to draft legislation targeting it. 

Last Tuesday, a Motion for Preliminary Injunction1 was filed by Plaintiffs to issue an injunction against the Borough of Upper Saddle River’s selective and targeted behavior towards the Eruv (case documents and updates can be found here).  The request seeks to:

  1. Enjoin the municipality from removing the Eruv during the litigation.
  2. Enjoin the municipality from disrupting / preventing maintenance of the Eruv or restoration of damaged sections.
  3. Permit the Plaintiff to complete the planned expansion of the Eruv in the Borough.

Typically, in order for a preliminary injunction to issue, you must meet four criteria: Read More

The secret email…

Posted on by in Antisemitism, Blog, Eruv, Litigation, Mahwah, Ordinances | Leave a comment

Yesterday, it was alleged on the Facebook, that I have some secret documents that show there was no bigotry or animus in the actions taken by Mahwah’s Township Council.

To be clear, I don’t think any council member ever outright said, “we need to stop Jews from moving into Mahwah”.  That’s not how this kind of thing works.

But there were choices made. Choices to exclude people.  And those choices to exclude, were made after complaints from residents about Hasidic Jews came to the surface. Complaints ranged from parks being used too much, to doors being knocked on for solicitation (and allegations of “blockbusting”) and more.  In many cases, evidence of what was feared, was lacking or non-existent.

When faced with these pressing issues by residents, the Council had options.
Take the parks issue, where a handful of residents stated that the parks were overrun with Hasidic Jews from New York.

Would the Council opt to go with a simple ordinance that addresses the issue (e.g. “groups of 30 or more need a permit”) or would they try to ban certain (((groups))) from coming to “their” town?

The Council opted to ban (((non-residents))). Read More

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