web analytics
September 23, 2014 / 28 Elul, 5774
At a Glance
InDepth
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Tenafly, New Jersey Eruv Controversy

In a brief filed with the United States Court of Appeals in the crucial case involving an eruv in Tenafly, New Jersey, Nathan Lewin, Orthodox Jewry's foremost constitutional litigation lawyer, presented an important argument that will, if successful, insulate all eruvim in the United States against similar constitutional attack. The Tenafly Council ordered Cablevision to remove 183 plastic strips that the Eruv Association had attached to utility poles to be used as “lechis,” which are necessary to complete an eruv. Many reportedly had reason to believe, from the debate that had preceded the order of removal, that Tenafly was simply trying to keep Orthodox Jews out of the town. But all the Council members swore that they had no anti-Orthodox bias ? which would have meant that their action against the eruv was a violation of the Constitution ? and the federal judge believed them.

The Eruv Association is appealing the decision, mainly on the ground that the judge's conclusion as to the issue of the Council-members' motives was wrong. That is a difficult argument to make because appellate courts usually accept “findings of fact” by trial judges. However, Mr. Lewin ? who represents attorney Chaim Book, a plaintiff in the case and the primary force behind the establishment of the eruv ? has presented an ingenious argument that does not depend on whether the Councilmembers lied under oath.

There are thousands of identical plastic strips on utility poles in Tenafly that are used to transmit telephone calls and cable television. If those plastic strips are allowed and even encouraged by Tenafly, how can the Town refuse to allow 183 of the same plastic strips only because they are part of an eruv? Prohibiting the innocuous act of attaching plastic strips to utility poles when they are part of a religious observance while encouraging plastic strips useful for television reception is, according to Mr. Lewin, what violates the Constitution, not the allegedly bad motives of Tenafly's elected officials. And, says Mr. Lewin, the plastic strips are also “symbolic religious speech.” Since Tenafly has allowed orange ribbons on its poles to protest a public-school policy and for “lost-dog” notices, it may not discriminate against a symbol of the eruv.

These sorts of creative arguments ? which appear to us as eminently correct and which should carry the day for the Tenafly eruv ? are what have made Nat Lewin renowned in the American Orthodox Jewish community.

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Tenafly, New Jersey Eruv Controversy”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
NY rally against Met Opera's 'Death of Klinghoffer' opera. Sept. 22, 2014.
New York City Site of Huge Rally Against Met’s Klinghoffer Opera
Latest Indepth Stories
William Safire

“It’s a lousy column and a dishonest one,” Halberstam wrote. “So close it. Or you will end up just as shabby as Safire.”

Particularly galling was the complaint by one Jo Anne Simon about Judge Dear’s supposed “mobilizing on behalf of apartheid and his insensitivity to minority communities.”

Whatever one has to say about Iran, it does have clout in the Middle East and the Gulf region and could play a key role in addressing the ISIS threat.

Rav Shlomo Wolbe states that every member of Klal Yisrael is dependent on the entire nation just as a leaf depends on the tree from which it grows.

“Israel must prepare for waves of immigrants from Arab countries, which may endanger its existence”

“I pray that fellow Jews open their eyes & connect themselves to the national side of being a Jew”

The big service ISIS is doing the West right now is checking Iranian power, just as the Sunni rebels inside Syria are keeping the Iranian agent Hezbollah in check, and just as the PLO is keeping Hamas in check, at least to some degree.

Research shows that high doses of marijuana can produce acute psychotic reactions, lower IQ in teens

The current missionary problem in Samaria is still relatively unknown throughout Israel&to most Jews

Rosh Hashanah is a universal, stock-taking, renewal and hopeful holiday,

No mutual clash between parties, it was Jews repeatedly attacked by Arabs, not the other way around.

Israel would love to be in the coalition,but it’s never going to happen, because, in the end, most of America’s allies would walk away if Israel were on board officially.

Why has his death been treated by some as an invitation for an emotional “autopsy”?

SWOT analysis: Assessing resources, internal Strengths&Weaknesses; external Opportunities&Threats.

More Articles from Editorial Board

Particularly galling was the complaint by one Jo Anne Simon about Judge Dear’s supposed “mobilizing on behalf of apartheid and his insensitivity to minority communities.”

Whatever one has to say about Iran, it does have clout in the Middle East and the Gulf region and could play a key role in addressing the ISIS threat.

A little less than 10 percent of eligible Democratic voters came out on primary day, which translates into Mr. Cuomo having received the support of 6.2 percent of registered Democrats.

The reality, though, is that the Israeli “war crimes” scenario will likely be played out among highly partisan UN agencies, NGOs, and perhaps even the International Criminal Court.

Peace or the lack of it between Israel and the Palestinians matters not one whit when it comes to the long-term agenda of ISIS and other Islamists, nor does it affect any of the long-running inter-Arab conflicts and wars.

His many articles on education showed great insight into the problems facing Jewish teachers in a changing student environment.

We cannot forget Secretary Kerry’s obsessive and relentless focus on the Middle East peace process.

The Jewish Press endorses Governor Andrew Cuomo in the Democratic Party gubernatorial primary election.

Printed from: http://www.jewishpress.com/indepth/editorial/tenafly-new-jersey-eruv-controversy/2001/12/07/

Scan this QR code to visit this page online: