Religion
Related: About this forumNorth Texas homeowners association loses battle to shut down Orthodox Jewish services
By Claire St. Amant
4.10.14 | 2:46 pm
A Collin County judge has ruled against a North Texas homeowners association that was trying to prevent an Orthodox Jewish congregation from using the residential area as a place of worship. Judge Jill Willis' ruling comes just days before the Jewish holiday of Passover.
The Highlands of McKamy homeowners association in Dallas filed an injunction on April 7 asking the court to halt religious services in the neighborhood, citing breach of use. The Congregation Toras Chaim says it has been meeting at homes in the neighborhood for about three years without incident. A neighbor's lawsuit against the congregation is still pending.
The Orthodox Jewish organization consists of about 30 North Dallas families; its rabbi lives in the Highlands of McKamy.
As Orthodox Jews are not permitted to drive on the Sabbath, members must live in walking distance of a synagogue. According to Congregation Toras Chaim, at most three cars are parked in front of the rabbi's home for services.
http://dallas.culturemap.com/news/city-life/04-10-14-highlands-mckamy-homeowners-assocation-shut-down-orthodox-jewish-services-congregation-toras-chaim/
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El Supremo
(20,365 posts)Have these idiots even heard about the First Amendment?
rug
(82,333 posts)
Jim__
(14,075 posts)Given that that's not the case, I don't understand the problem with the meetings.
rug
(82,333 posts)
starroute
(12,977 posts)Firstly, it seems that this is not just a few families getting together once a week. It's a full-time operation. And second, their legal representation is the Liberty Institute.
http://thescoopblog.dallasnews.com/2014/04/court-order-allows-dallas-synagogue-to-operate-while-lawsuit-proceeds.html/
David Schneider, who filed the suit, said the congregation conducts more than 14 services per week in the home. “There are over 40 persons coming and going daily, from dawn until dusk,” he said in a statement after the hearing. “This is far in excess of any reasonable expectation my family has for the quiet enjoyment of our neighborhood. Our neighbors are just as frustrated.”
His petition with the court cited the loss of value for his home because of the congregation’s operations across the street. He claimed that the deed restrictions for the neighborhood limit homes to residential use. He also cited several other violations of the deed restrictions, which have since been resolved, including a large pile of dirt visible at the home and an unscreened air conditioning unit.
http://www.toraschaimdallas.org/2014/01/support-toras-chaim-defense-fund/
Dawn Coates lives a few doors down from where the synagogue meets. Coates’ complaint is traffic through the week, and that the appearance of the house is turning into a temple.
She and some of her other neighbors have signs in their yards reading, “Keep us residential only.”
“The City of Dallas said they have filed for a certificate as a congregation, so it’s not just a home,” said Coates.
http://en.wikipedia.org/wiki/Liberty_Institute
The Liberty Institute is a conservative Christian advocacy and legal defense organization founded in 1972 under the name Free Market Foundation. ... Liberty Institute has since shifted focus to providing pro bono legal assistance to Christian people and organizations that they believe are suffering religious persecution in the United States. ...
The "Candy Cane Case" began in 2004 after a student in Plano, Texas was prohibited by school officials from distributing candy canes with a religious story attached at his school's Christmas party. In 2011, the U.S. Court of Appeals for the Fifth Circuit granted two school principals immunity in the case against the Plano Independent School District. The Liberty Institute appealed the case to the U.S. Supreme Court, which refused to hear the case in 2012, upholding the decision of the U.S. Court of Appeals for 5th Circuit. ...
In 2011 it filed a lawsuit against the U.S. Department of Veterans Affairs alleging that the department had censored prayers and the use of the words 'God' or 'Jesus'. The Department's response was that its regulations stated that there is no censorship but that the religious preferences of the families of the deceased are respected and that at times families have complained about volunteers and the Veterans of Foreign Wars had included religious references in services even though the families had requested that there be none.
rug
(82,333 posts)
struggle4progress
(118,278 posts)By Valerie Wigglesworth
[email protected]
3:26 pm on April 10, 2014
... The Congregation Toras Chaim has been meeting at a home on Mumford Court since August and in the Highlands of McKamy neighborhood since 2011. A neighbor across the street filed suit in December, saying that the synagogue’s activities were disruptive and violated the deed restrictions for the homeowners association.
District Judge Jill Willis said she was denying the temporary injunction based on the law and the brief evidence heard Thursday. The lawsuit in Collin County, which was first reported in March, will proceed ...
... The suit is filed against the home’s owners, Judith Gothelf and her son, Mark Gothelf, who allow the congregation to operate out of the home ...
http://thescoopblog.dallasnews.com/2014/04/court-order-allows-dallas-synagogue-to-operate-while-lawsuit-proceeds.html/
struggle4progress
(118,278 posts)By Eric Nicholson
Thu., Apr. 10 2014 at 1:58 PM
... Collin County District Judge Jill Willis this morning denied the Highlands of McKamy homeowners association's request for a temporary injunction against Congregation Toras Chaim, which operates out of a single-family home in the neighborhood ...
The neighborhood dispute began simmering last year, shortly after Congregation Toras Chaim moved into a home on Mumford Court. Neighbor David Schneider, annoyed by the traffic from the thrice-daily prayer services, Torah study, weekly services and other shul-related events, sued, charging Congregation Toras Chaim and Mark and Judith Gothelf (they own the house but don't live there) with violating their deed restrictions. Schneider demanded $50,000 in damages, which was how much he said his property value had declined by ...
http://blogs.dallasobserver.com/unfairpark/2014/04/liberty_institute_synagogue_north_dallas.php
edhopper
(33,570 posts)that said, the judge's ruling is probably right. Until they have been ruled to be in violation, erring on the side of not intervening seems reasonable.
