Read the United States Department of Justice’s Religious Freedom in Focus, highlighting Bikur Cholim’s case.
Bikur Cholim v. Village of Suffern, Civ. No. 05-10759.
United States v. Village of Suffern, Civ. No. 06-7713.
A New York City suburb has settled a civil rights lawsuit and will allow Orthodox Jews to gather at a house near a hospital so they can visit patients on the Sabbath without breaking their religious laws.
The village of Suffern had denied a variance from single-family zoning. Under the settlement, as many as 14 people can stay overnight at the home, known as a "Shabbos House."
The Orthodox, who typically don't drive, use electricity, exchange money or carry objects on the Sabbath, can drive to the residence on a Friday, before the Sabbath begins at sundown. They can walk to Good Samaritan Hospital during the Sabbath and drive home after it ends. Discharged patients can also stay there.
Jim Fitzgerald, suburb settles suit over Jews’ "Shabbos House," Associated Press (June 17, 2010)
“Suburban NY village will allow Orthodox Jews to gather at house near hospital on Sabbath,” Fox News (June 17, 2010)
Khurram Saeed, “Suffern settles Shabbos house lawsuits with operators and feds,” Journal-News (June 18, 2010)
“Rockland County Village Agrees To Permit ‘Shabbos House’ To Resolve U.S. Civil Rights Lawsuit,” Vos Iz Neias (June 17, 2010)
“Orthodox Union praises settlement of Bikur Cholim lawsuit,”Orthodox Union (June 18, 2010)
“Media Release,” U.S. Attorney’s Office (June 17, 2010)
Editorial, “Making room for Shabbos house,"Journal-News (June 21, 2010)
The federal court for the Southern District of New York held that
It has the power and authority, if appropriate, to enjoin defendant from enforcing its Zoning Law and requiring it to revise the Zoning Law to comply with RLUIPA and relevant constitutional provisions...
See the attached opinion. S&G’s Media Release here.
James Walsh, "Suffern Shabbos House dispute may need a trial to get answers,” Journal News (July 3, 2009).
A trial appears likely in the four-year dispute between the village and the operators of a house used by observant Jews visiting patients at Good Samaritan Hospital.... Savad and Roman Storzer, a Manhattan attorney also representing Bikur Cholim, cited the federal Religious Land Use and Institutionalized Persons Act of 2000, or RLUIPA, as their protection against discrimination. Storzer also represents five other individuals suing Suffern, citing RLUIPA in opposing the village. They claimed their practice of religion was burdened by having to choose between observing the sabbath and holidays or visiting the sick at the hospital.
“Court Refuses to Dismiss RLUIPA Challenge to Shabbos House,” Religion Clause (June 30, 2009).
On June 25, a federal court in New York ruled that the [lawsuit] under the Religious Land Use and Institutionalized Persons Act (RLUIPA) should proceed to trial against a village that barred a Jewish group from operating a “Shabbos House” next to a hospital. . . . The court rejected the Village’s argument that facilitating visiting the sick on the Sabbath was not “religious exercise” for purposes of triggering the protections of RLUIPA. The court held that “religious exercise” under RLUIPA is intended “to be defined broadly,” and “covers most activity that is tied to a religious group’s mission.” Thus, the court held, Bikur Cholim’s facilitation of Sabbath observance for Jews visiting the hospital or being discharged from the hospital constitutes religious exercise under the statute.
Shabbos House’ Suit May Proceed, Court Rules, U.S. Department of Justice, Civil Rights Division’s Religious Freedom Focus (Vol. 39). Storzer & Greene represents the Shabbos House and is litigating the case against the Village of Suffern together with the Department of Justice Civil Rights Division and the United States Attorney’s office for the Southern District of New York.
On September 26, 2006, the federal government filed a lawsuit against the Village of Suffern for violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA). The Complaint states:
Suffern's denial of the variance application substantially burdens the religious exercise of Orthodox Jews who need to visit the sick in Suffern while observing religious proscriptions against driving on the Sabbath and other Holy Days.
In its Complaint, the Department of Justice requests the court to declare that the denial of Storzer & Greene client Bikur Cholim's variance application violates RLUIPA, and prevent the Village from substantially burdening Bikur Cholim's religious exercise.
Mr. Storzer will be appearing in federal court on October 4 to seek a preliminary injunction permitting Bikur Cholim to continue operating.
Suffern Is Sued for Religious Discrimination After Village Rejects an Orthodox Lodging, New York Times (Sept. 27, 2006)
U.S. Sues to Allow N.Y. Sabbath House, New York Times (Sept. 26, 2006).
Also in Forbes, Fox News, Jerusalem Post, New York Sun, Houston Chronicle, Seattle Post-Intelligencer, Los Angeles Times, The Guardian, Washington Post, others.
Suffern accused of discriminating against Jewish group 'on basis of religion, The Journal News (Sept. 27, 2006).
Suffern sued over Sabbath house, Times Herald-Record (Sept. 27, 2006).
U.S. sues Rockland village for denying variance to Orthodox group, Newsday (Sept. 26, 2006).