Lawyers for the Congregation Rabbinical College of Tartikov and several Rabbis today filed suit against the Village of Pomona and its representatives for the right to build and operate an educational facility to train rabbinical judges in perhaps the most prominent religious freedom case of its kind yet to be filed.  The complaint was filed at the United States District Court, Southern District of New York courthouse in White Plains.

The action was brought by plaintiffs to redress violations of their civil rights as protected by the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), the Fair Housing Act, and constitutional protections of free speech and freedom of religion.  Lawyers for the Plaintiff include: New York litigator, Paul Savad; Roman Storzer, a First Amendment and RLUIPA expert based in Washington DC and former director of litigation for the renowned Becket Fund for Religious Liberty; and John Stepanovich, a national civil rights lawyer based in Virginia, who successfully brought a similar suit against the Village of Airmont, NY.

The first phase of proposed development plans for the Rabbinical College would include places of worship, educational buildings, and housing for 250 students and their families on a 100-acre site in the Village of Pomona (an additional 30 acres was also purchased as a buffer).  Representatives from the college have asked to meet with village representatives to discuss these plans on numerous occasions, but were rebuffed each time.  By refusing to meet with the Congregation and its representatives, the village left plaintiffs with no option but to seek relief in federal court against the village’s illegal zoning ordinances, which violate every land use provision of RLUIPA, the Fair Housing Act, and a variety of constitutional and other civil rights protections.

“There is a history of discrimination against the Hasidic community here,” said Nanuet-based attorney Paul Savad. “Over the past several years, the Village of Pomona and its Board of Trustees have repeatedly used legislative and administrative means to prevent a variety of Jewish-affiliated institutions from developing this property for religious use.” 

Controversy in Pomona over the proposed Rabbinical College already has altered the outcome of a local election, spurred relentless anti-Hasidic community opposition, and presented squarely the question of whether this Jewish community will be permitted to maintain its religious traditions.

“The Rabbinical College has engaged all the necessary professionals, including architects, engineers, and traffic experts, and has determined the impact on the surrounding community and environment to be minimal,” Savad added. “They deserve the same consideration that any other development would enjoy under village planning code.”

“This is an extreme case, one that brings to mind the civil rights conflicts of the 1960s.  We need to stop the Village of Pomona, and municipalities across the country, from using their zoning power as a tool to control unpopular religious groups,” said attorney Roman Storzer. “RLUIPA supersedes local zoning codes in cases such as this by allowing municipalities to consider plans for the development of religious uses that may otherwise be prohibited outright, like this College.  By denying the Rabbinical College the right to even apply for the necessary permits, while secular colleges or colleges of other religious traditions would be permitted, and even refusing to meet with Congregation representatives, the village has violated the letter and the spirit of the First Amendment and RLUIPA.”  

“Congress passed the Fair Housing Act to protect all citizens from housing discrimination—including religious discrimination,” said attorney John Stepanovich.  “There is no doubt that the Village of Pomona has targeted the Hasidic and Orthodox Jewish citizens who have chosen to live, work or study there by essentially putting up a flashing neon sign saying: You are not welcome here!   The Village has demonstrated a history of blatant discrimination against a segment of the population different from those who hold power within the Village.  The time has come for them to realize that all citizens are entitled to the American Dream of living in any community free of discrimination.”

The Orthodox Jewish mandate of settling disputes in religious courts is an ancient tradition practiced for thousands of years.  The religious tradition of bais din, or rabbinical courts, is central to Orthodox Jewish beliefs, allowing for resolution of civil disputes, issues of marriage, divorce, burial, cultural certification, religious conversion and other matters. 

Today, the Orthodox Jewish population in the United States is approximately 600,000.  Currently, there are only a few bais dins in America staffed with properly certified rabbinical judges who are competent to rule on all four volumes of the Shulchan Aruch (Jewish law).  These courts are extremely overburdened, thus creating the urgent need for the College. As the Orthodox Jewish population continues to grow, the need for dayanim will only increase.

Prior to World War II, dayanim were trained in rabbinical colleges throughout Europe, and every large Jewish community had a bais din.  These dayanim were almost eliminated in World War II as the Nazis exterminated potential rabbinical students. Because of the systematic slaughter of the Jews, only a small fraction of the rabbis survived in Europe after the war, and very few rabbinical courts continued to exist.

The Congregation’s property in Pomona is uniquely suited to meet the needs of rabbinical students and their families. The Orthodox Jewish community within the Town of Ramapo and its villages, including Pomona, has the infrastructure necessary to maintain the practices prescribed by their religious beliefs, including synagogues, kosher food stores, yeshivas and high schools for boys and girls.  The majority of rabbinical students that will be educated at the Rabbinical College will come from Rockland County.