This Thursday, the Mahwah council is set to discuss one of the first steps required by the agreement with the AG.
During the eruv controversy last year, Mahwah adopted an ordinance (#1816) making it forbidden “to run or string any public service utility” near a park (as well as dozens of other actions including “abetting” the playing of ball games).
While this ordinance was not the subject of a civil rights lawsuit, it contained provisions that might have been construed to target an eruv or selectively target (((people using parks))), as we mentioned last year when it was adopted.
Confirming the problematic nature of the ordinance, exactly one year ago, Chief Batelli informed Eruv Litigation that, despite the vague language of the law, “officers would not interfere or take any action against anyone who was simply tossing a ball back or forth with someone.”
As part of the AG settlement, Mahwah must clarify this ordinance to remove the possibility of it being applied to an eruv. Instead, general development codes would apply, which have never prohibited the attachment of PVC pipes to utility poles in Mahwah.
A year later, and we are back to the same spot where we began.
If only Mr. Hermansen and the Council heeded the warnings we provided.1816_changes pursuant to AG Settlement