Dan's Papers - October 3, 2008 - Eruv: Separation of Church and State Issue?

While the dispute of the construction of an eruv in Westhampton Beach - a story that has made both national and international news - continues to swell, a group of Jewish residents led a meeting on the morning of September 7 to discuss the issue. That group calls itself Jewish People Opposed to the Eruv (JPOE). And, on September 17, another group, called the Alliance for the Separation of Church and State in the Greater Westhampton Area, filed an opinion to the Village, itemizing reasons why the eruv is unconstitutional. The letter described the construction of the eruv using phrases like "not constitutionally mandated," "constitutionally impermissible," and a violation of the constitution.

Area residents at this point understand what an eruv is - a boundary that allows the Orthodox members of the synagogue to observe traditional Shabbat rules while condoning such otherwise forbidden actions as carrying of children and belongings across a property line during Shabbat. An eruv involves a mostly unremarkable demarcation that signifies its presence to Jews who need to use it. Before an eruv can be constructed, however, it needs approval by the village board. And since its planning stages, there has been controversy and reportedly violent, anti-Semitic demonstration.

The Hampton Synagogue's Rabbi Marc Schneier, who leads the eruv proposal, has reported to have dealt with both threatening e-mails and, as many in the community have agreed to have witnessed, overtly anti-Semitic comments and behavior at town meetings concerning the eruv. But "favorable" is the term used by Rabbi Schneier when asked how things were proceeding. "The plans are definitely moving forward - we're examining options and I am confident we will see one." The rabbi also pointed out there are "about 30" eruvs on Long Island already, "with hundreds, perhaps thousands across the United States. Any community with an orthodox congregation has one - Great Neck, Roslyn, Commack - the fact we don't have one is unusual." This comment was made in reference to opponents who have suggested that the boundary would bring so many Orthodox to Westhampton Beach that stores would be forced to close down during the Sabbath, something that reportedly occurs in Lawrence (in Nassau County). However, stores in towns like Commack and Great Neck are visibly open during Sabbath hours, and as for Westhampton Beach, Rabbi Schneier pointed out that, "The only store in [WHB] that's kosher is the bakery, and that's open on Saturdays."

Schneier said that he has the support of local priests, reverends, more reformed rabbis in the area, and most town residents. "The overwhelming majority are fair-minded and have been supportive," he said, adding that negative reactions came from "the few bad voices that have made a lot of noise." Schneier was contacted by a "chairperson" of JPOE, but he says he still doesn't know their plan or platform. He offered that the JPOE is, "[Jewish] people who have been traumatized and frightened by the anti-Semitism expressed...these frightened individuals do not represent the village."

But JPOE Chairman Arnold Sheiffer has since made himself known to others with a published piece in the September 5 edition of The Jewish World, which printed an editorial from Sheiffer. He described JPOE as "an organization of proud, committed and demonstrated {sic} women and men of the Jewish faith who are homeowners or reside in Westhampton Beach and its environs and are opposed to an eruv being established in their Village." The piece went on to say, "The overwhelming sentiment of both Jewish and non-Jewish people is [of] strong opposition to the establishment of the eruv that is being sought by one small but very vocal and connected group." He continued with an unsubstantiated claim that "the sentiment of opposition runs as high as 85 percent of the residents in this Village."

Sheiffer then referred to the infamous town meeting that on August 13, where arguments between residents, town leaders and synagogue staffers became so heated that several attendees left in anger, calling that event "a manipulated media circus." He concluded by inviting anyone who shares their "common goals" to a meeting September 7 at Star Boggs restaurant in WHB.

That meeting turned controversial - and this time with the media present - when Alan Schechter, a representative of the Westhampton Beach Eruv Association tried to speak, but was drowned out by audience members who felt that only those opposed to the eruv could speak. Witnesses heard an unidentified man yell, "Hang him on a telephone pole!" Sheiffer soon told Schecter he wasn't allowed to comment at this assembly, and he soon left - only to encounter more arguments outside.

This time, Schecter was confronted directly by anti-eruv meeting attendees including a man who claimed to have received an anonymous threatening letter that said things such as: "You are entitled to your feelings on this issue but if I come home and find one more piece of your racist material on my door or in my mailbox, I will come to your house, knopck {sic} down your door and shove it down your wrinkled throat," and ending with "...stay off my property or you will be punched so hard, your biggest problem won't be an eruv, but how to eat with out{sic} teeth." (The matter was reported to the Westhampton Beach Village Police.)

Since that gathering, WHB Village hired attorney Maureen Liccione of Jaspan Schlesinger Hoffman LLP of Garden City to examine the constitutional issues pertaining to the eruv. Meanwhile, the Alliance for the Separation of Church and State for the Greater Westhampton Area - brought aboard Professor Marci A. Hamilton, who holds the Paul R. Verkuil Chair in Public Law at the Cardozo School of Law in New York City, who submitted the letter mentioned earlier to the village. (Liccione explained she and her firm are "conducting legal research and surveying the case law as to the constitutional issues involved.")

And the JPOE has continued to spread the word - most recently in 1/4-page ads in a local East End paper. The first ad, which appeared September 3, announced the group, its mission statement and the open meeting on September 7. The second ad, which appeared two weeks later, thanked all who attended the first meeting, and announced a second meeting, to be held October 12 at Starr Boggs in Westhampton Beach.

In all, the situation raises the likelihood that this story is yet to reach its peak, and more controversy awaits.