Officials Discriminated Against Jews, Court Says

PHILADELPHIA -- Officials in a New Jersey borough discriminated against an Orthodox Jewish community when they refused to allow the placing of plastic strips on utility poles to mark the boundaries of a symbolic religious district, a federal appeals court ruled Thursday.

The 3rd U.S. Circuit Court of Appeals rejected the borough of Tenafly’s argument that allowing the unobtrusive strips constituted an improper government endorsement of religion.

The strips mark an erub, a symbolic district within which Jews who strictly observe religious laws are allowed to perform physical tasks otherwise banned on the Sabbath. During the Sabbath, observant Jews do not perform labor, and outside of an erub would not be allowed to push baby carriages, use wheelchairs or carry packages.

Most major American cities, including several in Southern California, contain erubs, although many residents may not realize it because they often are marked with easily overlooked strands of wire.

Nathan Lewin, the attorney for the Orthodox community, called the decision a victory for religious freedom.

He also criticized Tenafly residents who said the erub would turn the town into a magnet for Orthodox Jews.

“It is not a preposterous notion to say that the existence of an erub may make it more likely for an Orthodox Jew to live in a neighborhood,” Lewin said.

“But that is fine, just like having a nice park or a good school in a neighborhood is a fine way to attract people,” he said.

Bruce Rosen, an attorney for the borough, said officials haven’t yet decided whether to appeal. He said officials are reviewing the decision and declined to comment.

The Tenafly erub encloses about one-third of the borough of 13,000, a few miles northwest of New York City.