wnbc.com
POSTED: 4:48 pm EDT September 26, 2006
WHITE PLAINS, N.Y. -- The federal government accused a village of religious discrimination Tuesday for denying a zoning variance to a residence used by Orthodox Jews so they can visit a hospital on the Sabbath without breaking their law against driving.
In a lawsuit filed in White Plains, the government said that in denying the variance for a Shabbos House, the Rockland County village of Suffern was violating 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 practice.
"This lawsuit enforces Congress' determination that local zoning regulations must give way when they unlawfully burden religious exercise," U.S. Attorney Michael Garcia said.
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.
The lawsuit says that from 1988 to 2004, Bikur Cholim Inc., an Orthodox Jewish service agency, provided meals and lodging for Orthodox Jews on the Sabbath and other holy days in a Shabbos House on the grounds of Good Samaritan Hospital in Suffern. That allowed followers who wanted to visit or transport patients to avoid driving to or from the hospital on the Sabbath.
Believers would drive to the Shabbos House on Friday, before the Sabbath began at sundown, and then could walk to the hospital during the Sabbath and drive home afterward. The closest hotel is 3 1/2 miles away, Bikur Cholim lawyer Paul Savad said.
The Shabbos House also helped residents comply with other Sabbath prohibitions; for example, lights were on timers or left on throughout the Sabbath so the Orthodox would not have to use electric switches. The housing is free, so there is no money to be handled.
In 2004, when Good Samaritan expanded, the Shabbos House moved across the street from the hospital, into a newly built house in an area zoned for single-family homes. 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.
Savad, who represents Bikur Cholim in its own lawsuit against Suffern, said that under the Religious Land Use act, when a zoning variance is requested for the practice of religion, the municipality must show a compelling reason not to grant it. He said because the Shabbos House is on the fringe of a residential area and all cars would be parked at the hospital, the village has no good reason not to grant the variance.
"It's the same as if a couple had 12 people over for dinner and they stayed the night," he said.
He also said that Good Samaritan, a Catholic hospital, supports the Shabbos House.
Rice said it has not been established that such a "hotel-type" use is a religious use, but Savad 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.
Despite the zoning decision, the Shabbos House is still operating pending court decisions.
© 2006 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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17 comments:
Visiting the sick, I believe, is a very strong held practice no matter who you are. Are the Hassids saying that its more important that they visit their sick, than anyone else? Give me a break? When ever Hassids don't get their way they cry DESCRIMINATION. In other words, break the laws for us or we'll sue. It makes me sick!
It appears that the Jewish Lobby has struck again. They have taken an ordinary real estate issue and have blown it up to religious discrimination. Next thing you'll know, the Muslims around the world will violently revolt because Mohammed wasn't mentioned in the suit.
I doubt either of you two are getting the msg of the original post....and why it would have a bearing on lands in Woodbury.....if and when the light bulbs go on, perhaps you'll both see that creating a Village won't stop ANYTHING!!!! It will just be another governmental hand in your pocket!!! Totally unnecessary and created out of useless fear!!
The court decision is relevant to Woodbury.
As to visiting the sick...religious Jews cannot travel on the Sabbath. In order for them to be able to visit theit husbands, wives, parents, children in the hospital from Friday evening thru Saturday evening, they must have a place to stay within walking distance.
The whole RLUIPA act is important to Woodbury, Monroe, Blooming Grove, etc for as long as it exists, it will allow religious zoning changes that may be utterly contrary to any zoning laws currently on our books! Village or no Village, zoning that rides on RLUIPA won't be stopped.
All true, all relevant to Woodbury. A village will not stop yushiva's or annexation or anything else they want to build in the name of religion. Let's not forget the reason why a village of Woodbury now exists. It prevents a village from forming within our village of Woodbury. Good,bad or indifferent, we do have protection from another village forming.
We now have to make sure that Ralph and his slate DO NOT GET IN OFFICE!
I do not believe we should be tightning the zoning. We already have 2-3 acre zoning in most area's. Let's not change anything as promised in the preservation kit.
I know that most of you are angry that we now have a village, but let's all work together to make sure that we continue to protect this town from KJ type develpoment. If that means that we have to work with developers and maybe give density bonuses, then so be it. If we can gain open space in exchange then we are still doing great as a community.
People who complain about traffic need to go to Middletown on Rt 211 or Monroe on Rt 17M or New Windsor on Rt 300. The traffic has been here some time and it will never get better. Woodbury is not the only community with traffic problems. How come John Burke never mentions anything about the traffic on rt 32? When he was just a member of the audience, I would watch him on TV complain about the trucks on Rt 32 and the traffic and the ideling trucks on the thruway and the Woodbury commons traffic. But none of that has changed. I work nights and I still see the same trucks parked on the thruway, we had the worst Woodbury Common traffic jam on record on HIS watch. The traffic on Rt 32 is the same, what has he done. He is full of shit, but worst of all he is a hypocrit.
I hope one day I have the nerve to go to a board meeting and complain like he did.
The sad thing is that I voted for him because I thought Sheila Conroy was full of shit. But at least she never complained or promised to "fix" our traffic problems.
Rilupa's a huge problem, and one some of us have been concerned about for some time... Obviously certain cases are neccessary to help people maintain the freedom to exercise their religion- but building religious schools with dorms just to get enough votes for annexation and bypass existing zoning (something else the law allows for) is deeply wrong. Its also how vulnerable places like the Legacy Ridge side of town could be annexed across our border no matter how "tight" Ralph's expensive zoning claims to be.
And KJ has been quietly buying up lands outside of Woodbury in that direction, in Mountainville and Cornwall (who are oblivious and blaming US for their own zoning problems). A possible new village formed in that area is well past the "conspiracy theory" stage, esspecially given the VAST water resources on the Legacy property (resources I and many others feel should be used, with PROPER environmental management for the good of Woodbury). A new village, a few religious schools built on Woodbury land and- VOILA, KJ 2!
Here's a dicy, but I feel imporatant line of thought...
There are, as I understand it a growing number of Hasidic families who have moved into Woodbury, and actually seem to value the quality of life here, being able to live in our beautiful town and avoid the crowding of KJ while still being close enough to reach their relatives and religious facilities there. I know many purchases may be with the aim of annexation, but fairly reliable sources tell me the reality is a bit more complex.
Is there anything we as a community might do to make them feel more welcome? Not enacting policies that would seriously hurt our own taxpayers or comprimise our right to self determination, but help them to be able to live alongside us and maintain their beliefs and way of life (the spirit of Rilupa)? This might be, I wonder one of the few chances we have for a peaceful resolution. If people can be convinced that Woodbury has a place for them, they might not need to rely on power-hungry governments and annexation, and might even stand with us in fighting against it.
I don't know what this might mean, but thought I'd raise the question. In the very least I think it might begin on the personal level, being so careful not to let our own fears and frustrations be vented on people who may have nothing to do, or even disagree with KJ's leadership. Seeking for a true spirit of dialogue, rather than the "olive branch" KJ's mayor has repeatedly claimed to offer, but quickly backed up with threats and intimidation.
On the governmental level? I don't know- Woodbury certainly can't be expected to match a standard of services provided by a community which has never filed a legitimate environmental review. And we shouldn't have to. But something might be possible which lets everybody rest easier- something increasingly hard to do in this town/village/whatever we end up becoming. :P
Unfortunately, I think your rationale is quite naive, given the documented facts of KJ's leadership. Indeed there may be a small fraction of the KJ population who yearn to live free of their current leadership, but it's doubtful that when push comes to shove, that they would stand with Woodbury. Frankly, it's sad what our communities has turned into.
In the news today, it was reported that the Amish community has embraced the family of the shooter of their children, forgiven the shooter, and have asked the shooter's wife to attend the funerals. What an unselfish, humane gesture on the part of people who have been so violently attacked. Could you imagine if we, the people of Woodbury and the people of KJ could treat each other with such decency? The sad truth is that we have allowed people like Ralph Caruso and John Burke and Abe Weider and Gedalye Szegedin to poison us with FEAR...fear of each other. We have taken ridiculous positions in an attempt to STOP each other, rather than trying to find peaceful ways to co-exist through shared borders. I think it's incredulous that we ALL consider ourselves religious, Godly people, and yet we seem to allow our leadership on both sides to spread exactly the opposite message, and we listen.
It's a shame that in this day and age, bias and discrimination are still alive. Haven't we learned anything!
Here!! Here!!
I want to live in KJ but they won't let me. Its not about our choices in Woodbury. It is all about KJ. Does anyone know what the prices of the townhouses, coops, homes or rental properties are in KJ. My school taxes are too high. How much did Mindy P. get for her house? I hear she is renting it now. I know if Woodbury becomes KJ my school taxes will be much much lower. The gated community on dunderburg is everything someone living in KJ could ever want except low school taxes but when the dynamic four on the town board Gerry, Lorraine, Mike and Mike vote in favor of that friendly annexation the deal would be complete. The beauty of Woodbury, opps I mean KJ, a gated community and low school taxes. There is your welcome wagon!!!! BUT where is our welcome wagon.
You make absolutely NO sense. Must be a Ralphling.
The Monroe Woodbury School district has no clue on how to "lower" taxes. They do know how to "spend"...Unfortuanely it isn't being spent on Mathematics Teachers!
They are also good at using guilt and scare tactics to get parents to vote for unnecessary, over-inflated budgets. Gee...sounds just like the tactics used by the Preservation Party.
OK Ralphling, time to head back to planet Earth.
If Brodski wanted to flip the property he would have done it before turning over the belt of parkland to Woodbury.
Now his land is non-contiguous with KJ and cannot be annexed.
But you knew that, didn't you?
Why should facts stop you from lying to people?
And, if Brodski was the devil incarnate like the Ralphlings propose, why would he and the Carteret group help a local family get a pool for their sick child???Why attach yourself to a community if you're going to run away from it??? No, as usual little Ralphlings, your "logic" doesn't fly.
That is a great point. Not only were the carteret group one of the big donors for Aden, they always made the biggest contibution to Woodbury Day, and of course the lowest bid on the pond, saving us about $300,000 dollars.
Virginia Brodsky and Steven Brodsky (brother and sister of Bill Brodsky live in Woodbury)and so does part owner of the Careret Group Shy Cohen.
So your theory of Flipping land for a profit doesn't jive.
Make up a new more believable story, because you make no sense at all.
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