Lawsuit: BERGEN ROCKLAND ERUV ASSOCIATION, INC. et al v. THE BOROUGH OF MONTVALE (updated 10/19/17)

LAWSUIT FILED AGAINST MONTVALE, NJ (click to see documents)

(If you are interested in documents from the Tenafly litigation, click here)

U.S. District Court
District of New Jersey [LIVE] (Newark)
CIVIL DOCKET FOR CASE #: 2:17-cv-08632

Read More “Lawsuit: BERGEN ROCKLAND ERUV ASSOCIATION, INC. et al v. THE BOROUGH OF MONTVALE (updated 10/19/17)”

Making Canon fodder of USR’s Eruv Ban (Ordinance 16-15)

USR: Open Public Records Act (OPRA) requests show that in August of 2015, the Borough of Upper Saddle River started to discuss Vaad HaEruv’s application and contract with Orange & Rockland Utlities for an Eruv covering a small portion of the borough. Records produced also show that the borough council immediately moved to draft legislation targeting it. 

Last Tuesday, a Motion for Preliminary Injunction1 was filed by Plaintiffs to issue an injunction against the Borough of Upper Saddle River’s selective and targeted behavior towards the Eruv (case documents and updates can be found here).  The request seeks to:

  1. Enjoin the municipality from removing the Eruv during the litigation.
  2. Enjoin the municipality from disrupting / preventing maintenance of the Eruv or restoration of damaged sections.
  3. Permit the Plaintiff to complete the planned expansion of the Eruv in the Borough.

Typically, in order for a preliminary injunction to issue, you must meet four criteria: Read More “Making Canon fodder of USR’s Eruv Ban (Ordinance 16-15)”

The secret email…

Yesterday, it was alleged on the Facebook, that I have some secret documents that show there was no bigotry or animus in the actions taken by Mahwah’s Township Council.

To be clear, I don’t think any council member ever outright said, “we need to stop Jews from moving into Mahwah”.  That’s not how this kind of thing works.

But there were choices made. Choices to exclude people.  And those choices to exclude, were made after complaints from residents about Hasidic Jews came to the surface. Complaints ranged from parks being used too much, to doors being knocked on for solicitation (and allegations of “blockbusting”) and more.  In many cases, evidence of what was feared, was lacking or non-existent.

When faced with these pressing issues by residents, the Council had options.
Take the parks issue, where a handful of residents stated that the parks were overrun with Hasidic Jews from New York.

Would the Council opt to go with a simple ordinance that addresses the issue (e.g. “groups of 30 or more need a permit”) or would they try to ban certain (((groups))) from coming to “their” town?

The Council opted to ban (((non-residents))). Read More “The secret email…”

Mahwah Council is under Civil Rights investigations by the NJ Attorney General’s Office

As was reported Wednesday by the Bergen Record’s Tom Nobile, “the State Attorney General’s Office is investigating how the township came to adopt a controversial parks ban, which local law enforcement has said could violate parkgoers’ constitutional rights.”

I have obtained a copy of the subpoena issued by the State Attorney General posted it below.

These are very serious allegations, which echo the allegations made by the Township’s decades long Chief of Police and the Bergen County Prosecutor.

At this point, every level of law enforcement has looked at this issue and determined serious enforcement problems exist. Read More “Mahwah Council is under Civil Rights investigations by the NJ Attorney General’s Office”

Short Take: Is Mahwah Team Evil or Team Stupid? (UPDATE)

This Thursday, the Mahwah Township Council will have a meeting to discuss various items on the Agenda.

Among them will be:


UPDATE (9/27/17):

Someone had enough brain power to determine that the allusions to (a certain group that used arm bands to denote acceptable members of society who should have access to places like parks) was inevitable and has changed the discussion about mandatory “Arm Bands” into “Wrist Bands”.

This, as they say, changes everything!


 

  1. A Discussion about Township Parks including the issuance of Badges and Arm Bands
  2. Peddling and Solicitation Ordinance
    – to prevent Jews with suitcases of cash from trying to buy homes, despite the fact this isn’t a real thing.
  3. Unlawful Use in Parks Ordinance
    – including such gems as “no stringing utilities over parks” and “no aiding and abbetting ball playing”.  I wonder which will have a zero tolerance policy?

So, after the acknowledgment from the Council President that the Township is “under the microscope” from the State Attorney General and that Civil Rights subpoenas have been issued, the first and best course of action they can come up with is to issue mandatory “arm bands” for the people using parks in order to keep out (((undesirables))).

Are you Team Evil or Team Stupid, Mahwah?

Tune in Thursday, to find out.

 

Pulling back the curtain on Mahwah’s (en)forced errors.

  • In a Facebook post Thursday, Mahwah’s Council President indicated that Chief of Police James Batelli, had issues with ordinances ( e.g. 1806 to ban all non-residents certain people, from parks and others, pulled from the agenda) but now feels confident they will be ready for the next meeting.

Sadly, he doesn’t mention what the Chief’s concerns were. Several residents at previous council meetings were asking about the reasons ordinances seem not to be enforced and Council members haven’t seen fit to publicize this information to the residents of Mahwah.

An Open Public Records Act request procured the following information Read More “Pulling back the curtain on Mahwah’s (en)forced errors.”

Bad Faith in Mahwah

Tensions are running high in Mahwah and a meeting was scheduled to foster open dialogue and negotiation on August 15th, between the Eruv Association, the Mayor, members of the Town Council and Mahwah Strong (a resident group).

Two choices were presented.
Decision by the Town Council of Mahwah to issue summonses or hold off pending meeting

If you are going with option 1, you are Robert Hermansen and the Town Council in Mahwah, NJ.

You can listen to the vote to issue the summonses here: Read More “Bad Faith in Mahwah”

Mahwah: Stop calling this anti-semitism; it’s about (((codes))) and (((code enforcement))) (and Jews) [UPDATED with OPRA response]

On July 27th, 2017, I attended a public session of the Mahwah Town Council.  These were the ground rules: no mention of religion and no mention of the Eruv.  The claim was seemingly simple – the meeting is about ordinances and enforcement, not antisemitism or Eruvs, so there is no reason to permit comments that may reflect poorly on the Township.

Mahwah’s Council through their lawyer stated that not only council members, but even members of the public, were not permitted to utter such comments.  Regardless of whether an issue was one of public concern or related to items on the agenda, mentioning such topics as religion, the Eruv, a letter received by the Bergen County Prosecutor and several others, was verboten.

When questioned as to why this policy was created, Nylema Nabbie, Mahwah’s attorney from the law firm of Gittleman, Muhlstock & Chewcaske, LLP stated: “I do not want a situation where I sit here and I allow comments to come in to create a record that can then be used against this body in a subsequent litigation. That is the purpose of restricting comments.” Read More “Mahwah: Stop calling this anti-semitism; it’s about (((codes))) and (((code enforcement))) (and Jews) [UPDATED with OPRA response]”