– The Agudah, today, filed a lawsuit over Governor Cuomo’s unconstitutional limitations on Shul attendance in New York State. Please see below for the full details, as well as to read a copy of the legal brief.
– It is possible, we think, to be safe and have more than ten people in a shul building intended for hundreds! Please see the attached joint statement from the Moetzes Gedolei HaTorah and the Vaad Roshei Yeshiva of Torah Umesorah about the importance of good health practices, testing in high infection areas, and, of course, tefillah.
– The Agudah has been working non-stop on the issue of New York State shuls since the governor announced his executive order. Whether seeking Daas Torah, working on the lawsuit (above), being in constant contact with Albany and City Hall, or receiving your feedback, this Chol Hamoed has been a unique one for us. But…
– Finally, we want to call your attention to a worldwide Tehillim livestream this evening, at 8:00 pm EDT, which will include divrei chizuk from Rabbi Yisroel Reisman and from Rabbi Eliezer Ginsburg. Full details below.
Agudath Israel Sues to Stop Unconstitutional Restrictions on Shul Attendance in New York State
Houses of Worship Complaint – FILED
Today, Agudath Israel of America filed a lawsuit in federal court, asking for a temporary restraining order to bar the State of New York from enforcing its limits on house of worship attendance in certain areas of the state. The limits, announced by Governor Andrew Cuomo just two days ago, would cap Shul and other houses of worship attendance in so-called “red zones” to ten individuals.
The memorandum argues that the Executive Order’s restrictions unconstitutionally discriminate against religious practice while simultaneously permitting comparable secular conduct. Moreover, the restrictions violate Free Exercise rights because they appear to target conduct due to their religious motivation.
With Hoshanah Rabbah, Shemini Atzeres, and Simchas Torah holidays beginning tomorrow, October 9th, these limits would, according to just one of the points made in the lawsuit, disrupt the religious observance of tens of thousands of Orthodox Jews, “depriving them of their religious worship and holiday observance.” This is because, for example, in a synagogue the size of co-plaintiff Agudath Israel of Madison, “the capacity limits would require over twenty such services on Friday morning to serve the entire congregation. That is simply impossible.”
The lawsuit also contends that although the caps apply to all house of worship, and thereby discriminates against all religions, the order disproportionally impacts the religious services of Orthodox Jews who cannot drive to a synagogue out of a “red zone” on Shabbos or holidays such as Shemini Atzeres and Simchas Torah.
The filing requested that the court – in light of the holidays beginning tomorrow – immediately grant a temporary restraining order (TRO) preventing the state government from enforcing the new limits, as well as declaring the executive order unconstitutional.
Other plaintiffs in the filing were Agudath Israel of Kew Garden Hills, Agudath Israel of Bayswater, Congregation Zichron Moshe Dov, Rabbi Yisroel Reisman, Rabbi Menachem Feifer, Rabbi Aaron Stein, and Steven Saphirstein.
“Social distancing, masking, and all health precautions must, of course, be observed,” said Rabbi Chaim Dovid Zwiebel, executive vice president of Agudath Israel. “However, we think that it is possible to stay safe and at the same time have more than ten people in a Shul building that is meant to hold hundreds.”
“This lawsuit is a last resort,” said Agudah’s Chairman of the Board Shlomo Werdiger. “We would have been able to accomplish much more for these critical public health needs had the governor’s administration worked together with us more closely beforehand. We look forward to working with them next time. Unfortunately, the Governor’s new executive order makes it impossible for us to practice our religion, and we really had no choice but to seek relief in the courts.”
Representing Agudath Israel is the law firm Troutman Pepper. The legal team is led by well known attorney Avi Schick.
To read the filing, click here.
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Statement from Moetzes Gedolei HaTorah and Vaad Roshei Yeshiva of Torah Umesorah
OUR KEHILLOS ARE CONFRONTED WITH THREE ALARMING REALITIES.
EACH DEMANDS OUR IMMEDIATE ATTENTION.
• Although, very thankfully, we see nothing of the horrific rates of infection from
COVID-19 and the dreadful proportions of serious illness and death ל“ר of the past
spring, still, there has been an indisputable rise of sickness again in our populations,
some cases with serious consequences.
• The perception of our communities’ laxity in compliance with governmental and
medical guidelines of social distancing and masking, bolstered by a statistical
actuality of a disproportionate rate of infection as compared to the general
population, has painted us in a negative light across the country.
• Once again, our batei chinuch and batei medrash and batei knesses have been thrust
into immediate jeopardy! The core of our existence, our ruchnius lifeline and our
societal endurance are in the direct hazard of abrupt shutdown!
Consequently, we call on all roshei eidah to do everything in their power to ensure
compliance with good health practices, including social distancing, masking
and abstention from large gatherings.
Peoples who have COVID-19 symptoms should stay home. The elderly and those with medical conditions must exercise special care. We are obligated התורה פי על to do everything possible to avoid even one occurrence of serious illness. Also, it is critical that we protect and assure the ongoing function of our schools and shuls; our survival depends on it!
Additionally, to facilitate an accurate assessment of the infection spread in our communities and to prevent further surge, it is important for people in high infection areas to get tested now for COVID-19.
Most importantly, we must pour out our hearts in tefillah to beseech rachamim for this ongoing gezeirah that still threatens the ruchnius and gashmius integrity of our kehillos.
הן קל כביר לא ימאס– אין הקב“ה מואס בתפלתן של רבים!
Moetzes Gedolei Hatorah of America
Vaad Roshei Yeshiva of Torah Umesorah
What is most important now is to save lives. The agudah should encourage all measures to do so and follow medical guidance These mandated regulations are not meant to harm us rather avoid further illness!
“The lawsuit also contends that although the caps apply to all house of worship, and thereby discriminates against all religions, the order disproportionally impacts the religious services of Orthodox Jews who cannot drive to a synagogue out of a “red zone” on Shabbos or holidays such as Shemini Atzeres and Simchas Torah.”
I’m sorry, but WHAT???? This isn’t a bug, it’s a feature! Irresponsible red-zone residents driving out of the red zone to a shul with less stringent requirements is exactly how you get MORE RED ZONES!
In general little consideration for other people in the community – defiant smiles when we walk by with our small dog – no masks, forget no one wears gloves anymore – we heard “ but gloves are not protecting” remarks. Enough with The Attitude, you won’t know if it’s the flu or Covid when the weather turns.
And start cleaning up your mess : fold up food boxes from Gourmet instead of kicking it to the curb so it flies into our cars, Store your bikes where they belong – not on the sidewalks.
Fines were given out by the Villages- time for them again –
Anonymous for Now: The fines aren’t high enough to make a difference.
5 towns Jews are spoiled rich people… the Golus is so deep that most people here don’t believe in anything….it is so sad to watch.