N.J. town wrong to disallow Jewish ritual enclosure, federal appeals panel finds
By The Associated Press
10.25.02
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PHILADELPHIA — Officials in a New Jersey borough discriminated against an Orthodox Jewish community when they refused to allow it to place plastic strips on utility poles to mark the boundaries of a symbolic religious district, a federal appeals court ruled yesterday.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals rejected the borough of Tenafly's argument that allowing the unobtrusive strips constituted an improper government endorsement of religion.
The strips mark an eruv, a symbolic district within which Orthodox Jews are allowed to perform physical tasks otherwise banned on the Sabbath, such as pushing baby carriages or helping elders who use wheelchairs visit friends.
Most major American cities contain eruvs, although many residents may not realize it because they often are marked with easily overlooked strands of wire.
Nathan Lewin, the attorney for the Orthodox community, called the decision a victory for religious freedom. He also criticized Tenafly residents who said the eruv would turn the town into a magnet for Orthodox Jews.
"It is not a preposterous notion to say that the existence of an eruv may make it more likely for an Orthodox Jew to live in a neighborhood, but that is fine, just like having a nice park or a good school in a neighborhood is a fine way to attract people," Lewin said.
Bruce Rosen, an attorney for the borough, said officials hadn't yet decided whether to appeal. He said officials were reviewing the decision and declined to comment.
The Tenafly eruv encloses about one-third of the borough of 13,000, a few miles northwest of New York City.
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N.J. town may remove Jewish ritual enclosure, rules federal judge
Tenafly officials were properly concerned that public property ‘not be permanently allocated to a religious purpose,’ according to 114-page opinion.
08.10.01
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