web analytics
October 30, 2014 / 6 Heshvan, 5775
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
Abbas and the Temple Mount: "It's mine, all mine. No Jews allowed.
Abbas Declares Closure of Al Aqsa Mosque a ‘Declaration of War’
Latest Indepth Stories
Which glass has the poison?

The White House wanted to defame Netanyahu, undermine his reputation, impugn him & his policies

Adolf Hitler and the representative of the Palestinian Arabs, the Mufti of Jerusalem, Amin al-Husseini, December, 1941.

Palestinian anti-Semitism in 2014 is more extreme and mainstream than German A/S in the 1930s.

Sheldon Silver

Woven deeply through it all is the Jewish obligation to fight injustice.

Cravatts-Richard--new

Only in the inverted world of academia would Jewish professors denounce the AMCHA Initiative report.

Many poskim were and are adamant about the responsibility of every individual to vote.

Individuals who may have been abused are the “clients” in need and receiving care and protection.

An accomplished Torah scholar and ardent adherent of Bobov chassidus, he was renowned for his self-effacing dedication and skills as an international lawyer and law professor

The fact that the United States government after World War II sought to take advantage of the expertise of German scientists, even those known to have contributed to the Nazi war effort, is well known and largely accepted as having been necessary for America’s national defense. (Wernher von Braun is perhaps the most famous and […]

The New York State comptroller manages the state’s $180.7 billion pension fund, audits the spending practices of all state agencies and local governments, oversees the New York State and Local Retirement System, reviews the New York State and City budgets, and approves billions in State contracts and spending.

Rabinovich is the author of several popular books on Israel’s wars, including The Battle for Jerusalem, The Yom Kippur War, and The Boats of Cherbourg.

To say he was beloved because of the way he loved his students does not sufficiently capture the reality.

The birth I speak about is to give birth to ourselves, to our full potential.

The extreme hypocrisy, contempt & vulgarity of the attacks indicate more than a policy disagreement

More Articles from Editorial Board

An accomplished Torah scholar and ardent adherent of Bobov chassidus, he was renowned for his self-effacing dedication and skills as an international lawyer and law professor

The fact that the United States government after World War II sought to take advantage of the expertise of German scientists, even those known to have contributed to the Nazi war effort, is well known and largely accepted as having been necessary for America’s national defense. (Wernher von Braun is perhaps the most famous and […]

The Jewish Press endorses the reelection of Gov. Andrew Cuomo. His record as governor these past four years offers eloquent testimony to the experience and vision he has to lead the Empire State for the next four years.

That key is the disarming of Hamas and the demilitarization of Gaza – as the U.S., EU, and others agreed to in principle at the end of Operation Protective Edge.

We have no doubt there are those who deeply desire to present themselves as being of a gender that is not consistent with their anatomy, and we take no joy in the pain and embarrassment they suffer.

Given the vitality of Hamas, Israel can hardly rely on the commitments, even if sincere, of PA President Mahmoud Abbas for its security.

Is the president oblivious to polls saddling him with some of the lowest presidential popularity rankings in recent history?

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: