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Saturday, June 24, 2006

City, synagogue close to settling suit

A five-year battle between Hollywood and a group of Orthodox Jews could end on the eve of trial if the synagogue accepts terms the city hammered out Friday afternoon.

City commissioners voted late Friday to allow Hollywood Community Synagogue Chabad Lubavitch to stay in two Hollywood Hills homes if the group drops its two-year-old religious discrimination lawsuit against the city and Commissioner Sal Oliveri.

The proposal does not include any payment from the city to Chabad. And how long the group could stay would depend on whether it meets revamped standards for allowing religious groups to operate in residential neighborhoods, City Attorney Dan Abbott said.

Since the congregation began meeting in the North 46th Avenue homes in 2001, angry neighbors have complained about clogged streets, parked cars that blocked traffic, and noisy celebrations.

The city responded with strict code enforcement, fines, and then denied the group a special permit after allowing it to operate for another year. Chabad sued, and the conflict escalated into a full-fledged federal case -- literally.

The U.S. Justice Department joined the suit in 2005, saying the city was discriminating against the Chabad, while allowing other religious groups to operate in residential areas.

Earlier this month, U.S. District Judge Joan Lenard ruled against the city, deciding that its requirement of a ''special exception'' permit was vague and unconstitutional, making it possible to manipulate the approval process to discriminate against a group. The permits are required for religious groups to operate houses of worship in single-family districts.

This week, Lenard dealt the city another blow by indicating that Chabad Lubavitch was entitled to damages. She also denied Commissioner Oliveri's request for immunity. Under the settlement, the city would make all religious groups, including the Chabad, reapply for the permit, but only if ordered to by Lenard.

The city's offer would need approval from the Chabad, the U.S. Justice Department and the city's insurance carrier. The trial is to begin Monday.

http://www.miami.com/mld/miamiherald/news/local/states/florida/counties/broward_county/14891070.htm

Comments:
may we merit the geulah
Moshiach Now!!!

 

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