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[SHOCKING VIDEO] Mahwah Resident unleashes accusations of corruption by Township attorneys at Council meeting.

Mahwah Resident Jessica LoPiccolo openly accused Township attorneys of corruption for their ties to Lakewood, NJ

Last night, the Mahwah Township Council allowed several questions regarding the settlement agreement signed between the Township and the Bergen Rockland Eruv Association to end the ongoing Civil Rights litigation.

Resident Jessica LoPiccolo stated to the council that there could be a “conflict of interest” and a “breach of confidential information” based on the fact Mahwah’s attorneys represented Lakewood, NJ in unrelated tax appeals.  She stated that she “also had legal representation look at this and attorneys and all of them also saw a conflict of interest here.”

[ed note — representing another town in an unrelated action is not a conflict of interest in any way.  These are serious accusations and were proffered without a shred of evidence]

The episode was reminiscent of Mahwah councilman (now resigned) Steven Sbarra claiming that a Holocaust survivor addressing the council was a paid actor and imploring those in attendance to “follow the money, folks“.

This was too much for even Township attorney Brian Chewcaskie to take. Chewcaskie responded:

“What does the town of Lakewood have to do with anything?  Besides the fact that it has a Jewish community. Is that your point?”

Council President Robert Hermansen doubles down on the Jewish Conspiracy Theories

At the end of Ms. LoPiccolo’s comments, Council President Robert Hermansen connects the dots from (((Tracy Zur))) to the (((Simon Wiesenthal Center))) to (((Michael Cohen))) and then to Mahwah Mayor (((Bill Laforet))).

Hermansen stated:

“I found out about something also afterwards.  I found out about Chairwoman Zur and how she was involved with the Simon Wiesenthal Foundation too. And it just was miraculous that all of a sudden that we ended up with one thing having one thing to happen and before you know it we had someone who was representing them who was on the same board as she was, here, which just so happened to be someone else’s best friend who is sitting on our dais.  There was a lot of miraculous things starting to occur that I find out afterwards. Piecing things together, that’s all.”

Tracy has always been an active member of her community by serving as a Board Member of both the Jewish Federation of Northern New Jersey as a Women’s Philanthropy and Executive Board Member, as well as being an active member of the PTA. In addition, Tracy sits of the Board of Trustees at the Gerrard Berman Day School, and has volunteered for Alternatives to Domestic Violence and Meals on Wheels. She also serves as an NLC and Simon Wisenthal Center mentor and serves on the Board of both Emerge NJ and Women for Progress.

  • The Simon Wiesenthal Center’s Mision states:

The Simon Wiesenthal Center is a global human rights organization researching the Holocaust and hate in a historic and contemporary context. The Center confronts anti-Semitism, hate and terrorism, promotes human rights and dignity, stands with Israel, defends the safety of Jews worldwide, and teaches the lessons of the Holocaust for future generations.

Is it any stretch of the imagination that an organization whose mission is combating hate in a contemporary context, sent a representative to speak at a Town, whose council has been described as “entertain[ing] – and act[ing] under the influence of – public comments rife with hate and bias”, by the State of New Jersey?

The action against Mahwah and the Town Council has not yet been resolved.  I wonder what the reason could possibly be?  Perhaps Hermansen isn’t the only person that can connect some dots.

The AG Lawsuit against Mahwah and its council can be found here.


I reached out to the firm of Cleary Giacobbe Alfieri Jacobs, LLC, Mr. Olear and Council President Hermansen.
Mr. Hermansen responded via text “please go away”. I have not yet heard back from the law firm or Mr. Olear, but will update the post if they wish to comment.

Mahwah’s problems are just warming up

Mahwah’s problems are just warming up

The weather is getting warmer and with the welcome change in seasons comes the pitter-patter of kids feet in municipal parks. Normally, this is my favorite time of year.  Nature is basically beckoning the kids to come outside and play.  But what happens in Mahwah, when they do just that?

It was barely a year ago when the subject of Hasidic children in parks became such a contentious issue that the Township of Mahwah literally tried to ban them from coming.  At the time, Chief Batelli noted that there were 35 calls about Hasidic people in the park the day before the ban was set to take effect.  Due to the highly problematic nature of the ordinance, it caught the attention of the County Prosecutor (and current Attorney General) Gurbir Grewal as well as the State of NJ, which still has a pending lawsuit against the Township of Mahwah and its Town Council.

The Council should be aware of what is coming

Following the calls to the police department, councilman David May, who was re-elected this past November noted that “a lack of a response at a field being used by non-NJ residents could lead to additional issues with residents”.

 

In September, Mahwah’s attorney Brian Chewcaskie advised the council:

In light of the fact that the Division of Civil Rights is seeking any and all documents relating to Ordinances 1806 and 1812, it is my suggestion at this point in time that the Township does not introduce or adopt any ordinances until such time as the review by the Attorney General’s office is complete.”

Despite advice from the Mahwah Township attorney, Brian Chewcaskie that the Council should not pass any legislation during the pending litigation, the Council brought forward and passed Ordinance 1816, which amended section 9-1.4 of the code establishing 38 prohibitions in parks.

I wrote this (about ordinance 1816) just 7 days after Chewcaskie sent that letter to the council:

Legally, you can’t just pick and choose what to enforce or whom to enforce it against.

What will happen if a kid tosses a tennis ball to his dad? (violation of #25)
What will happen if a toddler digs up a rock (violation of #3) or his sister climbs a tree (violation of #6)?
What will happen if a teen rides a bike to the park and leans it against a tree? (violation of #14)
What will happen if MahwahStrong members try to sell t-shirts in Winters Park (again)? (violation of #30 and #34)

These are normal things that normal people do in parks.  They generally harm no one. Will there be a zero-tolerance policy on all of them?  Perhaps only certain ones?

Time will tell if section 9-1.4 will be applied neutrally.

The weather is starting to warm up and kids will be in Winters Park again soon.  While the vast majority of Mahwah’s residents are wonderful neighbors, experience has shown that there are several that will call the police on (((certain))) kids if they see a violation, even one as silly as leaning a bike against a tree or playing unauthorized ball.

We saw this when a resident created a “neighborhood watch group” and brazenly explained that he was targeting Hasidic stores.  But the police are subject to the Law Against Discrimination (“LAD”) and the Constitutional protections of citizens.

If residents will be calling the police to report on these “illegal actions” taking place in the park by Hasidic children, what will be the response?

Will the police issue summonses?  Will they do so to every kid that “abets ball playing” or just those for whom they are called over?

Does the council realize the Attorney General hasn’t dismissed the Federal Civil Rights action currently pending against them?

Mahwah officials should act now, before this becomes an issue.


(We have reached out to Chief Batelli and will post any comments he may have)

[UPDATE][Settlement] MONTVALE SETTLES ERUV DISPUTE (eruv stays)

UPDATE: On Feb. 15th, Judge Vazquez entered a retention order and closed the case.  Normally, after a case is over, a new action may be necessary to enforce the terms of the agreement.  This order lets the court retain jurisdiction so that if there is a need to enforce the settlement, a letter can be filed asking the case to be re-opened.

UPDATE 2: Information and paragraph numbers in the settlement were added for ease of reading.


In settlement papers filed with the court today, Montvale has given up on their six month campaign aimed at prohibiting an eruv in the Borough.

The agreement contains an Exhibit A showing the agreed upon path of the Eruv through the Borough.

In a vote yesterday, the Montvale Council agreed to settle claims brought by the Bergen Rockland Eruv Association against the Municipality for threatening to prohibit an eruv erected in a section of the Borough.

Within 30 days, the Borough will pay the law firm of Weil, Gotshal & Manges, LLP $10,000 to cover some legal costs, pursuant to paragraph 20 of the agreement.

The Eruv Association will attempt to use black narrow strips or black or brown color for the pvc piping on the poles (called lechis) unless required to use another color by the Utility companies.

Montvale will have 45 days to get necessary permissions to use the path identified in the accompanying map.  If they cannot get the required permission from private property owners, the BREA may use the map included in the original complaint:

Aside from the $10,000 payment, each party will bear their own litigation costs which may have been hundreds of thousands of dollars had this gone further.

Pursuant to the agreement:

  • Montvale will secure all consents necessary to allow the eruv to be constructed, and checked on a weekly bases in public areas (paragraph 9).
  • Montvale will grant any applications for new posts if necessary to effectuate the plans in the map (paragraph 9).
  • Montvale will make sure the BREA has consent to enter private properties to check on the Eruv at least three times per year, although inspections will be conducted from roadways and publicly accessible areas whenever possible. (paragraph 10).
  • If any approvals are required after the initial eruv goes up, Montvale will promptly grant the approvals (paragraph 11)
  • If Montvale and the Eruv Association can’t get a valid eruv up in 45 days based on the map provided in exh. A, the Eruv Association can put up the eruv according to the plan outlined in the original complaint (paragraph 12).
  • If Montvale ever moves to underground electric cabling, they agree to work in good faith to reestablish the eruv (paragraph 13).
  • No public funds will go towards the Eruv (paragraph 16).
  • The Borough will cooperate with BREA in any challenges brought against Montvale challenging the enforceability of the agreement and BREA shall handle the legal defense (paragraph 18)
  • Plaintiffs will not initiate any new litigation against Montvale for at least 2 years as long as they abide by the agreement (paragraph 19).
  • Plaintiffs agree not to file any further charges with any local, state or federal agency against the Township and/or any of its employees, agents or administrators arising from dealings that have occurred up to and through the date of execution by all Parties to this Agreement (paragraph 19).
  • Montvale will provide $10,000 for attorneys fees to the plaintiff’s law firm, Weil, Goshal & Manges LLP (paragraph 20).
  • Montvale recognizes the decision in Tenafly, that “the erection of the eruv is not an unconstitutional establishment of religion under the First Amendment.” (paragraph 21)
  • Montvale will not contest or challenge O&R or Verizon’s authority to enter into contracts with BREA (paragraph 22)
  • Montvale will not adopt any ordinance or resolution prohibiting an Eruv (paragraph 24)
  • If the Township violates the agreement, the plaintiffs may seek an expedited and immediate injunctive relief through an order from the court (paragraph 26).

THE CONSTITUTION WINS;  THE ERUV BENEFITS

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Everyday Racism: 84 years ago and today

As Edmund Burke once said: “The only thing necessary for the triumph of evil is for good men to do nothing.”  For the past 7 months in NJ, we have seen a lot of good people saying nothing — as hatred and animosity towards the (((others))) came to the fore.

When a Mahwah Council-member (he has since resigned) mocked a Holocaust survivor and pointed to the “money-trail”, the good people were silent.

Racism isn’t new and hating people because they are different will never go out of style.  But between the violent outbursts we learn about in civil rights battles, there was always an everyday racism.  It’s the story of average, everyday people.  People that didn’t seem to be expressing active hatred.  People that seemed to just want to continue going about their daily lives the way they always had been.

It’s the everyday attitude that lets hatred proliferate when it ceases to be the muffled noise, and moves to the streets.

Eighty-four years ago, silence by good and decent people in Europe let evil triumph, as people took to the streets to advocate the destruction of the Jewish eruv and threw stones through windows of the Jewish community president’s home.

I have seen similar comments of those who threaten to tear it down today.  Not in Europe, but here in New Jersey.

Perhaps, those that don’t learn from history ARE doomed to repeat it.  What lessons are you learning?


Jewish Rite Nearly Starts Rumania Riot

Police Force Brought Out When Gentiles Protest Community Action

(Jewish Telepgraphic Agency)

BUCHAREST, Feb. 13. — The combined efforts of all the members of the police force of Dej. Transylvania were required today to quiet disturbances which arose when the Christian population of the town protested against the execution of a Sabbath duty by the Jewish community of Dej.

When the members of the Jewish community appeared in the streets carrying wire to be used in partitioning toff a part of the town for the purpose of establishing an “eyrev” for the Sabbath, the Christian population began a demonstration, inisting that the “eyrev” symbolizes Jewish possession of the township.  The demonstrators marched through the streets of the Jewish quarters, breaking windows and damaging the house of the Jewish community president.

Although the police of the town, which is predominantly Jewish succeeded in establishing order, excitement still continues in the atmosphere.

(According to Jewish custom, which prohibits the carrying of articles on the Sabbath, except in one’s own home, an “eyrev” — or wire surrounding a district where things may be carried — can be fixed to poles surrounding the district.)

Source [JTA]:

Jewish Daily Bulletin 1934-02-14

[UPDATE] Hermansen & Chewcaskie: How Chronic Liars Deceive You

UPDATE: After claiming the Town Hall meeting will be postponed and that they claim a meeting with the AG will happen in the next two weeks, a stipulation was filed extending the time to respond to the complaint through March 6th.

While I wouldn’t want to make any predictions, it seems that a settlement with the AG would have been an easy thing to accomplish if that’s the direction the State wanted to take.  Perhaps the State, having seen how people are treated at open public meetings in Mahwah, wants to vindicate the rights of the public?  Perhaps something else will be added to the complaint?

What will happen between now and March 6th?  We don’t exactly know.  But we will be keeping an eye on the court docket.

If you haven’t been told about this development by the officials in Mahwah, ask them why?  If you want to keep aware of new developments, follow our Facebook Group: Facebook.com/groups/EruvLitigationInfo/


This past Tuesday, the Mahwah Council abruptly cancelled a scheduled Town Council meeting to discuss the settlement agreement entered into with the Bergen Rockland Eruv Association by the Town.

Last night, the Mahwah council met at their regular scheduled meeting.  They indicated the reason for the cancellation and it doesn’t make any sense.  At the 16:50 mark of the video below, the Council President Robert Hermansen asked the Township’s attorney Brian Chewcaskie to make a statement about the Town Hall meeting.

Chewcaskie said that Town Hall meeting was cancelled base on the advice of the attorneys handling the eruv litigation and the AG litigation.  He said:

the reason it was cancelled, although there was a settlement agreement entered into… there still are continuing actions being taken.  In fact, we have a scheduled meeting with the rabbi and the attorneys to discuss various alternatives they have agreed to accommodate Mahwah and do so. That meeting is scheduled the week of Feb. 20th. In addition, we have requested a meeting with the attorney general’s office.  We do not have a scheduled meeting yet and we expect that that would occur in the next two weeks. Based upon that, it was determined that it would be prudent not to have the Town Hall meeting until after those two meetings are conducted and we would expect that within the next three weeks that there would be a Town Hall meeting for any questions relating to the status of those litigation.  The matter has been resolved.”

This begs the question: didn’t that situation exist before the Town Hall meeting was schedule?

Since the ink was drying on the settlement agreement, Hermansen has been speaking about how they will be meeting to possibly move and relocate the eruv.  Now, he wants to claim that the Town Hall meeting needs to be postponed because they will be having that meeting?

Then Mr. Chewcaskie spoke about the stories people are reading from the internet:

“There’s also a series of what I would call misinformation and rumors — what’s going on, what’s being reported in the media regarding surrounding communities. The Montvale case has been resolved, it has been marked as settled and a formal resolution will be adopted on Tuesday by Montvale.”

I don’t know where he’s looking, but it’s clearly not “marked as settled” on the Court docket. The last entry sets the date to respond to the complaint:

Facts, how do they work?

Back to Mr. Chewcaskie:

“As I’ve indicated to the council, I have no problem addressing any questions relating to the settlement agreement itself, but with regard to any strategy going forward, we will not discuss that until we have some finality, which we expect we will have in a few weeks.”

So, why did the Town Hall meeting need to be cancelled?  I’m very confused.

What does the agreement say about moving the eruv out of Mahwah?

On the day the agreement was signed, Robert Hermansen took to social media to state that “the agreement permits us to have a dialogue for the relocation of the ERUV subject to the agreement of both parties”. (see image)

Does the agreement permit such a dialogue? 

Well, it doesn’t actually speak to it at all.  If that statement is accurate, so is this one:
The agreement permits Mahwah to put Hermansen in stocks and let the community light his pants on fire, subject to the agreement of both parties.

As lawyer and Mahwah resident, Jonathan Marcus wrote in his post entitled “A Lawyer’s Perspective“:

“Council President Hermansen issued a public statement on social media where he stated that one of the primary reasons the Council agreed to the settlement was that “the agreement permits us to have a dialogue for the relocation of the ERUV subject to the agreement of both parties.” This statement is simply untrue and is unsupported by the agreement itself. In fact, one could argue that the agreement states the opposite.”

and

“While Councilman Hermansen might wish to spin this language into saying that it permits the town to have a dialogue with the BREA about relocating the ERUV, the legal reality is that it does NOT. In fact, nowhere in the settlement agreement is the word “relocation” even used. The legal reality is that the only “dialogue” that has to take place results in the event the BREA (at its sole discretion) wants to modify or expand the existing eruv within Mahwah. Even then, the only dialogue required to take place relates to what route WITHIN MAHWAH such expansion or modification will take. The settlement agreement makes it unambiguously clear that the eruv is here to stay in Mahwah (and in fact, may be expanded within Mahwah) unless the BREA itself decides to remove it from Mahwah.”

It’s an excellent post, it goes through the relevant facts and cites to the settlement agreement.  It’s worth your time to read.

Having been called out, Hermansen addressed the issue before the opening of public input at the meeting:

Hermansen: “I just wanna discuss one other thing, because there is a couple of posts that are being flit around Facebook that is just blatant lies, and one of them is being sponsored, one of these lies is being sponsored by our own Mayor, by Team Laforet. So I wanna address that, have you address that about the potential of movement or potentially moving an eruv and some of things are being discussed. Because, some of the things that are being said is that there is no language in there … we can’t do this .. we can’t do that .. we’re not allow to do this … and the mayor was sitting in the same settlement negotiations, and the same meetings that we were, and somehow I don’t understand why he is sponsoring something that is just an absolute blatant lie. So I’d like for you to address that please.”

Chewcaskie: “I’m not familiar with any Facebook posts, however, the agreement provides that the parties will cooperate with any modification, location, expansion, relocation, which is what the meeting [on the week of the 20th] is for.”

Hermansen: “Thank you. Therefore, I’m not going to get into the nuts and bolts of everything, of it, but I can just tell you that the township council is still trying to work with the parties, with everybody, to find something that is a best interest for both parties on both sides, so that we can do the right thing for the community, for everyone, to hopefully move on so that we can get back to the business of what’s the most important things in this town and start to function on things and start to worry about our taxes and the sewer issues that we have and the things that are going on on Chapel Road and things that are happening in other areas of this town that we need to focus on as opposed to things that have been consuming this town for a very long time.

And personally, for myself, I’ve said this before, we’re a better town than this. We’re a better town than what’s been going on, we’re a better town that what people have been talking about, we’re a better town than people have been discussing in the press and we’re a better place than … we have not been represented to be by some of the people who are sitting up here on this dais, who are not protecting this town the right way. And, I think that the right thing to do now is to move forward, find the right thing. This is where we’re at, we allow the attorneys to do what they’re supposed to do, and we move on from here.”

Having been called out, the council that scheduled a Town Hall meeting to discuss the dialogue, claims the continuing dialogue prevents them from having a Town Hall meeting.  The language they use changes to describe the settlement and those calling them out are branded as liars.

And that, is how the chronic liar of Mahwah deceives the people.

Robert Hermansen: Fool them once, shame on you. Fool them twice?

In July, Robert Hermansen made up rules that didn’t actually exist in an ordinance.  Today, he’s making up provisions that don’t exist in the settlement agreement.

There’s a meeting on Tuesday — it’s time for him to be honest with residents.

On January 31st, the Mahwah Council voted to settle the lawsuit over whether an eruv can stay in the Township.  The eruv stays.

The terms of the settlement agreement are public and they can be read here: Settlement Agreement between BREA and Mahwah.
(If you’d like a break-down of the major highlights, you can see that here: MAHWAH SETTLES ERUV DISPUTE (eruv stays))

Legal agreements and contracts have terms and the terms are made by lawyers to avoid issues of ambiguity.  But that doesn’t stop politicians from trying to obfuscate and confuse the people they represent.

Enter, Mahwah Council President Robert Hermansen on facebook:

In his post, Mr. Hermansen seems to claim that relocation of the eruv is part of the agreement signed by the Township:

Where does the agreement say that?

Let’s be clear about what the agreement does and doesn’t do.

  1. It lays out all the terms:

    This Agreement sets forth the terms and conditions under which the Parties mutually agree to resolve any and all claims as between them set forth in the Complaint, including all claims against each Parties’ officials, agents, representatives, and employees. For the avoidance of doubt, this Agreement shall also resolve all claims or potential claims as between the Parties related to acts or omissions by the Parties (including through their officials, agents, representatives, and employees) with respect to the lechis and/or Eruv that occurred up until and through the date of execution of this Agreement, including any and all claims for reimbursement of costs for Litigation expenses, attorneys’ fees and Litigation costs up to and through the date of this Agreement (which might have required payment by Defendant to Plaintiffs of approximately $311,000.00). (paragraph 2(a)) (emphasis added)

  2. It speaks to payment from Mahwah: The $10,000 payment (or additional amount negotiated in the next 20 days) relates to legal fees and costs only.

    [T]he Township shall pay to Plaintiffs’ attorneys, within twenty (20) days of the execution of this Agreement, the sum of $10,000.00, or an amount mutually agreed upon, representing compensation for a portion of Plaintiffs’ legal fees and costs incurred in the Litigation. Such additional amount, if any, shall be agreed upon by the Parties within the 20-day period. If no agreement is reached by the Parties within the 20-day period for any additional amount, the $10,000.00 shall constitute the full and final compensation for legal fees and costs. (paragraph 2(a)) (emphasis added)

  3. It lays out what the parties understand the agreement to mean.

    UNDERSTANDING OF THE PARTIES. In full and final satisfaction and accord of the Settled Claims above, and in consideration for the Release as more fully set forth in Paragraph 4, below, the Parties agree as follows:
    – “Subject to Paragraph 3(c) below, the Township consents to the existence, restoration, maintenance, repair and upkeep of the lechis comprising the Eruv.”
    (paragraph 3(a))
    – “nothing in this Agreement shall preclude Plaintiffs, their agents, successors and/or assigns from future expansion(s) and/or modification of the Eruv within and/or outside of the Township1
    (paragraph 3(a))
    – “The Township of Mahwah will take no action impairing Plaintiffs’ ability to restore, repair, keep or otherwise maintain the Eruv” (paragraph 3(b))
    – “At the Township’s request, BREA agrees at its sole cost, within twelve (12) months from the date hereof, to recolor and/or replace each existing lechi to match the applicable utility pole as closely as practicable1…. With respect to any work done to color and/or replace existing or future lechis, the Township shall provide a police escort for the duration of such work at BREA’s cost.”
    (paragraph 3(c))

  4. The agreement really does lay out all the terms.

    “This Agreement sets forth the complete understanding and entire Agreement between the Parties and supersedes any and all prior agreements or understandings between the Parties.”
    (paragraph (8))

So I wondered what Mr. Hermansen means when he says that “the agreement permits us to have a dialogue for the relocation of the ERUV subject to the agreement of the parties.”

Where does it say that?  The word “relocation” doesn’t appear in the document.  Did he make it up?

Then I saw this comment by newly appointed Mahwah Council-representative Michelle Crowe Paz:

In response to a question from a resident, council-woman Paz says that the $10,000 from Mahwah to BREA is for “painting/relocating”:

That’s not in the agreement either.  The agreement lays out the reasons for the payment: “compensation for a portion of Plaintiffs’ legal fees and costs incurred in the Litigation.”

Painting the poles is not a cost that was “incurred in the litigation”, therefore it doesn’t qualify.

$10,000 goes to the lawyers at Weil (parag. 2(a)).  BREA pays for painting the poles (parag. 3(c))

The settlement makes clear that the painting of the poles, if requested, is done solely at the expense of the BREA (see paragraph 3(c)).

Had this been a random comment mistakenly uttered on the internet by people that aren’t lawyers, I might have let it go.  But I wrote to Ms. Paz privately before she put in the last two comments and at the very least, she should have asked the multitude of legal talent the Township has hired before making people think the money is for something it’s not.  I also wrote to Mr. Hermansen and he directed me to call the attorneys.

But let’s focus on Mr. Hermansen for a moment.  This episode is eerily similar to what happened with the parks ordinance.  As you may recall, ordinance 1806 was very simple.  It took the words “non-residents” out of the code, limiting park usage to NJ residents only.  That was it, as far as the ‘letter of the law’ was concerned.

Mr. Hermansen replied that an exception would be made outside of what was written in the law. I wrote about this here, in August.

  

The chief of police called out the issue in a letter2 and the Attorney General of the State used that email in his complaint against Mahwah citing:

A Mahwah resident who is not of the Orthodox Jewish faith sent an email to Council President Hermansen expressing concern that her mother who lives in New York would not be able to take her grandchildren to the Mahwah parks. The Council President replied to this resident she had nothing to worry about and that Ordinance 1806 was not intended to cover her situation.  (see paragraph 31)

And now Mr. Hermansen is at it again.  There is NO LANGUAGE that is IN THE AGREEMENT that speaks about a dialogue to move the eruv.  It may be a conversation worth having, it might lead nowhere.  I don’t have a dog in that fight and I would welcome anything that reflects a mutual agreement between the parties here.

But the idea that Mr. Hermansen feels so free to casually disregard what laws and agreements actually say, when it suits him, makes him a very poor choice for representing the best interests of anyone.  Beware Mahwah residents, you have been warned.


  1. Some conditions apply, see agreement for full list of requirements.
  2. Citing the change by Council President Hermansen, Chief Batelli wrote in this letter to the Town’s business administrator, Mr. Wiest:

“The proposed signage contains verbiage which is different from the Ordinance. The ordinance reads parks and playgrounds are open to New Jersey residents and does not list any exceptions.  The signage includes exceptions that “guest of a resident are permitted” and “employees of local businesses are permitted”

 

 

[UPDATE][Settlement] MAHWAH SETTLES ERUV DISPUTE (eruv stays)

UPDATE: On Feb. 15th, Judge Vazquez entered a retention order and closed the case.  Normally, after a case is over, a new action may be necessary to enforce the terms of the agreement.  This order lets the court retain jurisdiction so that if there is a need to enforce the settlement, a letter can be filed asking the case to be re-opened.


In settlement papers filed with the court today, Mahwah has given up on their six month campaign aimed at “keeping the poles clean” and upholding their “way of life”.

In a vote of 5-2, the Mahwah Council agreed to settle claims brought by the Bergen Rockland Eruv Association against the Township for threatening to issue summonses over an eruv erected in a section of the municipality.

Pursuant to the agreement, the Township will put $10,000 in an account to cover some legal costs*.

The Eruv Association will change the color of the pvc piping in the poles (called lechis) over the next 12 months.

The parties will also have 20 days to agree to a sum above and beyond the $10,000.  Sources tell Eruv Litigation that this was the change requested by Council President Robert Hermansen.  It is not immediately clear why an additional amount would be provided.

Each party will bear their own litigation costs which may have been at least $311,000 as of today pursuant to the agreement Mahwah signed.

Pursuant to the agreement:

  • Plaintiffs agree not to file any further charges with any local, state or federal agency against the Township and/or any of its employees, agents or administrators arising from dealings that have occurred up to and through the date of execution by all Parties to this Agreement.
  • The Township consents to the existence, restoration, maintenance, repair and upkeep of the lechis comprising the Eruv.
  • Nothing in the agreement prohibits the eruv from a future expansion and / or modification within and / or outside the Township (the plaintiffs will however confer with the town if any expansion is planned).
  • The Township of Mahwah won’t stop the Plaintiffs from restoring, repairing, keeping or maintaining the eruv.  Nor will they seek to enforce or adopt any ordinance or resolution prohibiting or impeding future lechis on poles.
  • Mahwah can request for the BREA to change the color and / or replace the lechis to better match the poles, within the next 12 months (unless the utility says they can only be a certain color).
  • No public funds will go towards the Eruv.
  • If the Township violates the agreement, the plaintiffs may seek an expedited and immediate injunctive relief through an order from the court.
  • Plaintiffs will not initiate any new litigation against Mahwah for at least 2 years as long as they abide by the agreement.
  • Neither party shall be considered a “prevailing party” and there is no admission of liability.

THE CONSTITUTION WINS;  THE ERUV BENEFITS

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* please note that a previous version of this post mistakenly indicated the purpose for the $10,000. The agreement says: “the $10,000.00 shall constitute the full and final compensation for legal fees and costs.”

Mahwah Council Still Doesn’t Get It: Diligence Necessary [by Lisa Wisotsky and Yossi Mandelbaum]

By: Lisa Wisotsky and Yossi Mandelbaum

Announcing the nine count State Lawsuit against the township of Mahwah, then Attorney General Porrino said, “Our message to those public officials in Mahwah who are leading or following this misguided charge is meant to be loud and clear: We intend to hold you accountable.”  However, as of this writing, the township council has shown that it remains unwilling to recognize their pivotal role in inflaming the hateful environment which led to discriminatory ordinances.

Although the Parks Ordinance was rescinded and the Sign (Eruv) Ordinance tabled, the hateful environment continues in Mahwah. Council President Hermansen and Councilman David May continue to participate in online forums and refuse to call out blatantly anti semitic language from their constituents. Mr. May even mockingly presented the concept of a full Bergen County eruv to the county freeholders.  The display of contempt is unmistakable.

This stance was made clear by the Mahwah Township attorney, Brian Chewcaskie at the 12/14/17 meeting (see video).  


He described the ordinance undoing the Parks Ban and the Resolution (424-17) to table the Sign Ordinance as just a “strategic move” and does not address the offensive behavior or environment that led to the State of N.J. initiating a lawsuit and condemning the civil rights violations in Mahwah.

In January , the Township Council, in a move which can only be described as pure “chutzpah,” re-installed Robert Hermansen as Council President. Upon being sworn in, he immediately began to lash out at the “outsiders” instead of taking responsibility for the current legal predicament.  This is precisely the same defiant attitude Mr. Hermansen struck immediately following the news of the Bergen County prosecutor (and the now current New Jersey Attorney General) instructing  the Chief of Police in Mahwah not to enforce the unconstitutional Park ordinance.  Specifically, he declared to a concerned “outsider,” “I promise you, there will be a Parks Ordinance and there will be one that is going to be enforceable in this town whether you like it or not.”

The audacity of the Council continues with the current effort to recall Mayor LaForet. The Mayor changed his original position opposing the eruv and now urges the Council to alter their course as well. Mr. Hermansen, consistent with his inability to offer contrition, is supporting the recall effort. Mr. Hermansen adds the thinnest veneer of professionalism stating in a recent interview that as council president he can’t  take a stance on the recall, however as a private citizen he fully supports it.  This is of course nonsense.  Not only is Mr. Hermansen actively supporting this effort, he has used the his position on the town council to symbolically censure the Mayor and even stated at a council meeting “If I had my way his [Mayor Laforet] ass would be on the other side of this dais, and not even in this room and sitting at this Meeting.”

Finally, when Keith Kaplan, at the January 9, 2018 Council meeting ( see video) asks Council President Robert Hermansen if the Council will renew the resolution in 2018 stating that the Council will not reenact Ordinance 1812 (Sign Ordinance), Robert Hermansen becomes argumentative and refuses to answer.

The Parks and Sign Ordinances were enacted in a hateful environment that was permitted and at times encouraged by the council. Rescinding the ordinances, without accepting responsibility and offering contrition, is unacceptable. This leaves open the possibility that similar ordinances may be enacted in the future when attention is shifted away from Mahwah.

Mahwah, NJ: Bigotry Without Contrition

Mahwah: A “Special Meeting” has been scheduled for January 25th at 10am.  The purpose of the meeting is to go into Closed Session to discuss: Litigation.
As the next scheduled Mahwah Town Council meeting is 2/8, it would appear this special meeting is the Council’s last chance to settle claims against them before the Court imposed deadline.

On January 12th, the Townships’ Counsel, Cleary Giacobbe sent a letter to Court indicating they needed an extension of the time to answer the complaint because “the parties are in the process of engaging in settlement discussions that would resolve this entire matter”.

The Court extended Mahwah’s time to answer the complaint until January 31st (the Judge indicated that it was being extended “for the last time”).

As the legal actions begin to wind down, in favor of the Eruv Association, the Township Council remains, as defiant as ever.


The Bigotry Started With Complaints

Earlier this spring, some residents noticed Hasidic Jews hanging out in local Mahwah Township parks.  Almost immediately, cries were heard about “overcrowding” and “other people”.

Local Leaders Responded to the Bigoted Mob

Local political leaders were swift to act.  Ordinance 1806 came first.  The letter of the law banned non-NJ residents from enjoying the amenities in local parks.  But it was in the application, where the truly pernicious nature became readily apparent.  The restrictions only applied to certain non-residents.

As I wrote back in August:

You can’t only apply laws to certain people (e.g. Jews from Rockland County), and not an out of state Grandma with her Mahwah resident grand-kids.  That would be unequal treatment under the law for which the cops could be liable to scrutiny and legal action for selective enforcement.  From a municipal perspective, the last thing anyone should want is another easily winnable lawsuit because of a poorly drafted ordinance.

But as you can see below, this is exactly the kind of situation the council created when they enlisted the lawyers to draft Ordinance 1806.

To be blunt: Mahwah’s Mayor, Council President and the rest of the Council designed and enacted an ordinance that prohibited Jews from crossing the adjacent NY border to use the parks in their town.  They exempted the non-residents they liked and declared the rest, verboten.

Township Administrator Identified Problems With Enforcement

Prior to ordinance 1806 going into effect, there was ample evidence that it was problematic.  The township’s business administrator, Quentin Wiest, had inquired and was explicitly told as much from Jerry Giaimis, the administrator of Saddle River.  Mr. Giaimis even referenced the NJ Court opinion it would violate.  Yet, thinking they would be able to get away with it, Ordinance 1806 went into effect… almost.

Chief of Police Identified Problems With Enforcement

A few days before it was set to take effect, the Chief of Police, James Batelli, wrote a letter to the governing body, following up on his previous email, outlining concerns he had about enforcement of the parks ban.  He stated that he would not be able to enforce the ordinance.  Sending men with guns to ask Jews for their papers wasn’t going to happen in Mahwah under Chief Batelli’s watch, no matter what the Council had to say about it.  The police must abide by the Law Against Discrimination and must uphold the protections of the State and Federal Constitutions.

In his July 24th letter, Chief Batteli stated in part:

“I have expressed my concerns to the Township governing body and the Township Attorney about the enforcement of this Ordinance and how the actions of Officers trying to enforce the Ordinance may violate bias based profiling guidelines (see attached correspondence)…”

“The Ordinance does not provide any neutral criteria for Officers to use as a basis for their actions…”

“The Ordinance essentially leaves our officers little other choice other than to ask for identification for no reason or for impermissible reasons and opens the door for civil based litigation and/or Internal Affairs complaints”.

“It has also been observed the elected officials have been commenting on social media about both the ERUV installation and the park and playground restrictive Ordinance in the same post which could bring into question the motivation and agenda behind the Ordinance which our Officers are expected and tasked to enforce… an argument or foundation could be made that any attempt to enforce this Ordinance is discriminatory and based to target a protected class.”

“Our agency trains and instructs our Officers on a routine and regular basis on what constitutes bias based profiling and that we explicitly prohibit and will not condone or tolerate illegal profiling by any of our members.  This Ordinance that we will be asked to enforce in four days seems to fly in the face of what we instruct our Officers as there is no discernible means of ascertaining the residency of a park user.”

Mahwah Council Attacked The Police Chief

The reaction from Mahwah was as swift as it was pointed —  Mahwah’s Council President stated he wanted to look into disciplinary charges in an explosive 1am email and Ordinance 1811 was introduced, which would create the position of “Police Director”. This new ordinance would replace the top law enforcement official (the Chief of Police) making him subordinate to a civilian police director, appointed by the council.

The unmistakable message: Listen Chief, if you won’t act the way we want, we have ways of making your life miserable.1

Bergen County Prosecutor Confirmed Problems With Enforcement

In response to threats from Robert Hermansen and the Council, the Chief of Police sought advice from the Bergen County Prosecutor, Gurbir Grewal (Mr. Grewal is now the NJ Attorney General, appointed by Gov. Murphy).  Mr. Grewal came to the same conclusion as Chief Batelli.

In a letter sent to Mahwah’s Council dated July 27th, Mr Grewal stated in part:

“I concur with your observations concerning the Ordinance [that enforcement may violate the constitutional rights of individuals using Mahwah parks]  and agree that its enforcement raises serious legal issues… the Ordinance raises numerous constitution concerns… it provides no neutral criteria for MPD officers to utilize when deciding to detain an individual… it’s enforcement would violate the Fourth Amendment‘s proscription against unlawful searches and seizures.  Indeed, in Barkawi v. Borough of Haledon, the Appellate Division affirmed the trial court’s invalidation of a similar ordinance excluding non-residents.” [ed note: Haledon was the same action, cited by the administrator of Saddle River in response to Mahwah’s inquiry about similar rules in other municipalities].

“Second, enforcement of the Ordinance may violate the Directive prohibiting racially-influenced policing.”

Mahwah Council Continued Attack On Civil Rights With Additional Restrictive Ordinances

The reaction from Mahwah was, again, as swift as it was pointed.  The Council continued to create bigoted ordinances.  Ordinance 1812 aimed at creating an identical ordinance that neighboring USR was using to prevent Hasidic Jews from putting up an eruv in the Township.

Then came the “No-Knock Ordinance” amid unfounded cries from the mob that Jews were lugging around suitcases of cash, ready to “block-bust” their way into the neighborhood.

Then came the do’s and don’ts for activities in parks, banning activities as benign as playing ball or leaning a bicycle against a tree.

The Bergen Record’s Alfred Doblin described the situation:

“Mahwah residents and their elected governing body are creating a body of evidence that shows the fight against the eruv is not about zoning, but about Orthodox Jews. That a no-knock ordinance is not about door-to-door solicitations, but about Orthodox Jews. That a proposed ordinance that would ban nearly 40 new activities in the town’s 10 parks, including the egregious tree climbing, is about Orthodox Jews.”

When Mayor Laforet stood up against the ordinances (which it was later revealed that the Township attorney advised not to pass), Mr. Hermansen and the Council took a vote of no confidence in him. Councilman Jonathan Wong said “[Laforet’s] statements have now created a position which can be cited to in light of litigation and subpoenas.”

The Bergen Record from Oct 6th:

“The mayor didn’t need to go on television for state officials to figure that out.”

“The fight against the eruv, the out-of-state park ban, public comments from residents about “these people” — and worse — show that at least a vocal minority of residents and the council don’t want Orthodox Jews in their town. The reasons don’t matter. Religious discrimination is never justifiable.”

The council may have claimed the no-confidence vote had to do with an interview Laforet gave, but the pattern was crystal clear.

The unmistakable message: Listen Mayor, if you won’t act the way we want, we have ways of making your life miserable.  All the while, rhetoric in the council chambers remained antagonistic to Jews.  Jewish speakers calling out against the ordinances would be shouted down by the Mr. Hermansen and were not permitted to finish a thought without interjection.

State Of New Jersey Confirmed Enforcement and Constitutional Problems: Lawsuit Filed Against Mahwah And Council

Having seen enough, the Republican Appointed Attorney General, Christopher Porrino filed a Civil Rights Lawsuit against the Township as well as against the Council Members themselves.  The suit cited the enactment of Ordinances he described in a statement as:

“influenced largely by vocal anti-Orthodox-Jewish sentiment expressed by some residents at public meetings and on social media, engaged in unlawful discrimination aimed at halting an unwanted “infiltration” by Orthodox Jews – particularly from neighboring Rockland County, NY.”

“In addition to being on the wrong side of history, the conduct of Mahwah’s township council is legally wrong, and we intend to hold them accountable for it,” said Attorney General Porrino. “To think that there are local governments here in New Jersey, in 2017, making laws on the basis of some archaic, fear-driven and discriminatory mindset, is deeply disappointing and shocking to many, but it is exactly what we are alleging in this case. Of course, in this case we allege the target of the small-minded bias is not African-Americans, but Orthodox Jews. Nonetheless, the hateful message is the same.”

“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”.

Mahwah Continued to Attack Mayor Laforet And Anyone Standing Up For Constitutional Rights

Facing two civil rights actions for discrimination, Mahwah continued to demand efforts to protect Mahwah’s way of life.  Robert Hermansen himself referred to groups he tried to exclude as “outside forces… trying to change our current way of life.”

Mahwah Officials Back A Recall

Mahwah is reacting as it has in the past. A recall effort against the Mayor has been launched.  Punishment and threats are what the mob demands of those that stand up to them, in the name of justice and equality.

Since June, when Chief Batelli advised the Township that efforts to restrict parks and create ordinances banning an eruv are unenforceable at best — and unconstitutional at worst, Mr. Laforet has been the only elected member of Mahwah’s government to switch gears, coming out to do the right thing.

And doing the right thing in Mahwah gets you punished.

It got the Police Chief a threat from the Council President in the form of a request for departmental charges and an Ordinance subordinating him to a Police Director.  It got the Mayor a rebuke from the Council in the form a vote of no confidence.  And now, after efforts in the Courtroom have proved unsatisfactory to the hate-filled mob, residents are trying to recall the Mayor from office as the Council is cheering them on from the bully pulpit.

The stated reasons for the Recall include: blatantly lying to the public about his knowledge of planned expansion of non-resident partisan political groups into Mahwah.

They may have just as well said: Jews.

If you didn’t know better, “non-resident partisan political groups” may sound nicer than “Jews“, but in Mahwah, we do know better.  We have seen this play out over months, in their Town Council chambers, by elected representatives, who remain without an iota of contrition or remorse regarding their actions.


The Mahwah Town Council currently has two civil rights suits to deal with.  They have shown absolutely no indication that they understand or care that they have acted inappropriately.

Before any settlement is reached, the respective plaintiffs on the other side of the table, should ensure Mahwah acknowledges the harm they have engendered.  It is necessary because the acrimony continues to reverberate throughout the wider community of Bergen County.

Whether the Council felt it was protecting its residents or way of life is immaterial.  Extremism is still extremism when your heart’s in the right place.


  1. After attacking the Police Chief, the Council decided to honor Chief Batelli for his 39 years of service with a resolution on December 1st.  He didn’t show up to the meeting.  On December 28th, the Council indicated that Judge Carver has been retained to investigate a hostile workplace claim against the township.  Assuming this claim was by the Chief of Police, this issue is far from over.

[Transcript] Federal Judge: 6 Reasons Why USR, Mahwah and Montvale Should Be Trying To Settle Their Eruv Litigation As Fast As Possible

United States District Judge John Michael Vazquez gave his preliminary thoughts about various issues involved in Friedman, et al., v. Borough of Upper Saddle River, at a hearing held on January 9th.  You can read our previous write-up here.

Below is a synopsis of stances the parties have taken, with links to relevant sections of their briefs (where they make their respective arguments).  What follows as “thoughts from Judge Vazquez” has been pulled from the the transcript of last week’s hearing.

6 reasons why efforts to remove the eruv in Upper Saddle River, Mahwah and Montvale seem unlikely to succeed:

1. Enforcement: Consistent or Selective?

USR’s position: USR Borough Ordinance 16-15  is Generally Applicable and Has Been Generally Applied (page 61 of Motion to Dismiss)

Eruv Association’s position: USR’s Selective Enforcement of the Ordinance Violates the First Amendment’s Free Exercise Clause (page 24 of Motion for Preliminary Injunction)

Thoughts from Judge Vazquez: “The town has said they’ve had a history of enforcement of the ordinance. They essentially say it’s always enforced. They have specific training for the police officers; they have officers on patrol.

However, there were several violations of the ordinance which somehow the town was not aware of until the plaintiff pointed it out in their filings. Some of them were lost pet signs, which the Court understands can only be up for a relatively short period of time. But others were permanent fixtures, such as mailbox [sic]. And if the town did do proper training and they had police officers on patrol, the Court has concerns over the town’s claim that they were always enforcing this ordinance before the plaintiffs brought these violations to the town’s attention.” (page 14 of hearing transcript)

“Subsequently Preusch learned from counsel that they needed approval of the governing body. This also causes concern to the Court, with the town’s claims that everyone knew about the ordinance and was enforcing it, because it doesn’t appear that anybody who was charged with enforcing the ordinance knew about it.” (page 16 of hearing transcript)

“The town says while the Chief did not authorize or condone them putting up the eruv, but they had just been told three days prior that they were allowed to go forward and go see the Police Chief, and indeed the Police Chief was the one in charge of enforcing the code. So at a minimum, it seems like the Police Chief wasn’t aware of the code or the ordinance that the town now says is being enforced universally by the town at that point. And in fact, it doesn’t seem that any of the town officials, who plaintiffs spoke with, were aware of the ordinance.

So again, that cuts against the claim that they’ve always, that the town has always enforced the ordinance. Because it doesn’t even seem as though the critical people were aware of the ordinance, or that this would be a violation of the ordinance. After the plaintiffs did the contractor road construction form on June 20, 2017, it was voided. Not immediately, but approximately one month later.  Again, to the extent the ordinance was always being enforced, it certainly cuts against that argument. Because it seems as though it took somebody about a month to realize that they were going to stop the construction pursuant to the ordinance.” (pages 16-17 of hearing transcript)

2. Validity of License Agreements:

USR’s position: Plaintiffs’ Do Not Have a “Valid” License (page 67 of Motion to Dismiss)

Eruv Association’s position: USR’s Technical Challenges to Plaintiffs’ Licenses Are Misplaced (page 15 of Plaintiffs Opposition to Motion to Dismiss)

Thoughts from Judge Vazquez:  “Preliminary thinking is that when I looked at the joint use agreement submitted by the defendants, they focus on language that does not appear to be applicable to this case. The joint use agreement between Verizon and O & R discusses permission, reference other parties using supply circuits to attach supply wires and cables. The eruv and the lackies in this case do not appear to fit within those definitions.” (page 4 of hearing transcript)

3. Constitutionality / Ambiguity of USR’s Ordinance

USR’s position: Ordinance 16-15 is not Unconstitutionally Vague (page 64 of Motion to Dismiss)

Eruv Association’s position: The Ordinance is Constitutionally Vague (page 46 of Opposition to Motion to dismiss)

Thoughts from Judge Vazquez: “As to the issue as to whether the ordinance is unconstitutionally vague, certainly the term “matter” is a broad term and gives the Court concern. I don’t — it seems as though the town is not removing all matter from the utility poles. At least based on the pictures. They may  have removed more sizeable matter, which is a somewhat ambiguous term. But there’s other things, including plaque  strips and nails and staples and tacks, and it really raises  the question of, is the town enforcing that as to all matter, as the ordinance provides, or just some matter.” (page 9 of the hearing transcript)

4. Applicability of State Statute NJSA 48:3-19

USR’s position: Municipal Consent Is Required (pages 68 – 74 of Motion to Dismiss)

Eruv Association’s position: N.J.S.A § 48:3-18 – Which USR Ignores – Expressly Does Not Require Municipal Consent (page 21 of Motion for Preliminary Injunction)

Thoughts from Judge Vazquez:  As to N.J.S.A. 48:3-19, concerning the consent of the municipality, which shall be obtained for the use by person of poles of another person, unless each person has a lawful right to maintain poles in such street, highways or public places relied upon by the town, I could not find one case to interpret that statute. Not one. And it’s been on the books, I think it was last modified in the 1960’s. I didn’t see it mentioned in Tenafly. And that would require a lot more work on behalf of the Court before I determine whether that applies or not. And, truthfully, as the parties rely upon it, defendants did not submit sufficient information to show that it applies. (page 10 of the hearing transcript)

5. Does The Discriminatory Intent Of The Council Matter?

USR’s position: Discriminatory Intent is Legally Irrelevant and Not Present Here (page 53 of Motion to Dismiss)

Eruv Association’s position: USR Is Wrong That “Discriminatory Intent Is Legally Irrelevant”. (page 40 of Opposition to Motion to Dismiss)

Thoughts from Judge Vazquez: “[Defendants] also say, at best, it’s an open question at the Supreme Court level. But to the extent it’s an open question at the Supreme Court level, I look to the circuit, and Tenafly clearly says I should consider whether there’s discriminatory intent in reading the law.

I looked to the town ordinance history. I will give you what my concerns are. Because I think the plaintiffs have raised real concerns about a discriminatory intent in invoking this law, and that the effect was to only harm the plaintiffs.” (page 11 of the hearing transcript)

6. What was the purpose of Ordinance 16-15?

USR’s position: The primary impetus of the ordinance was the proliferation of political signage (pages 15-17 of Motion to Dismiss)

Eruv Association’s position: The evidence shows that USR’s Borough Council passed the Ordinance with the specific, discriminatory intent of targeting the eruv. (page 21 of Motion for Preliminary Injunction)

Thoughts from Judge Vazquez: “Importantly, as I noted, they already had ordinances to address the political signage, which they said is the stated reason for the new ordinance. That doesn’t make any sense to me.  If you already have one that — if the problem is signs and you already have an ordinance for signs, it doesn’t make sense to me you have to amend it for other things other than signs. And they added the word “device.” Which I didn’t see any issue from the town that they were having problems with devices before, but now that seems to be one of the main issues for the town, is that the eruv constitutes a device under this ordinance…. And it’s not lost on the Court that to the extent that O & R complained in 2015 about political signs, it’s the same group that granted the license to the plaintiff eruv in this case. So to the extent they were complaining about political signs, the facts seem to show they were in agreement with the eruv.” (pages 13-14 of the hearing transcript)


Why this is applicable to other Towns:

The reason that the Township of Tenafly lost their case, a decade ago, was because the court found, in part, they inconsistently enforced their ordinance against some, but not all items, placed on utility poles.

In the Upper Saddle River action, Judge Vazquez seems to make the argument, that the very fact that the Township administration approved and the police monitored, the installation of the lechis, it is evident that they a) hadn’t considered the lechis a violation of the ordinance or b) didn’t consistently enforce the ordinance.

This is a situation that has been seen in Mahwah and Montvale as well.

In the Mahwah eruv litigation, the Mayor issued a statement that “[a]dvice by our attorneys is that we cannot do anything about the installation of these plastic pipes on these utility poles establishing a ERUV” and “BPU and O&R are obligated to allow these ERUV markings, But they have NO OBLIGATION to notify the municipality” (emphasis in original).  The plaintiffs also paid for Township police to be present at the installation of the lechis on multiple occasions (see invoices here).

Both the administration and the police department, when dealing with an application for an eruv, treated it like they would any other permitted use.  They didn’t know that the eruv was not permitted, which indicates that the ordinance cited was not being consistently enforced.

In the Montvale eruv litigation, the Borough’s Mayor issued a statement indicating that “[a]bsent any compelling safety concerns, there is little role for Montvale to play in what amounts to a private negotiation between Orange and Rockland and the community that requested the eruv”.  The plaintiffs also paid for Borough police to be present at the installation of the lechis on multiple occasions (see invoices here).

Again, if the Township’s own Mayor and Police Department treated this as an appropriate and permissible application, it’s clear they didn’t know that the eruv would be banned per the ordinance cited.  They cannot, now turn around and claim that the Borough has always and consistently enforced the ordinance.

Montvale, as reported via the Bergen Record, has been in negotiations with the eruv association regarding a settlement.
Mahwah filed for an extension to submit their response to the complaint until January 31st in contemplation of settlement.
USR has postponed their Motions to Dismiss and for a Preliminary Injunction until February 7th, in contemplation of settlement.

There is currently no update or change in the suit by the State of New Jersey against the Township of Mahwah and the Mahwah Council.


All case documents cited can be found at the respective links.

You can find all of the documents filed here: http://www.eruvlitigation.com/home/federal-litigation/upper-saddle-river/

The Transcript from the hearing of January 9th can be found below:

17cv5512_Transcript_2018-01-09