Rabbi Fined For Hosting Religious Gatherings at Home Fights Back

Theresa C. Marquess

Very often houses of worship have been started in private homes with little or no fuss from government bodies. Years ago I belonged to such a church. Eventually, we grew and were able to build a building. No one made a fuss over our 'church services' being held in someone's living room or a few cars parked in the neighborhood. No fines were levied, and no one was persecuted. My prayers and good wishes go with the Rabbi and his congregation.

Merlin

Zoning law violations. Must have been complaints due to traffic, parking and gathering with no regard to other residents. No different than allowing a pig farm or a scrap yard to operate in a residential zoned area. No discrimination. Local government doing the job they are paid to do.

Nicholas J Page

If the Rabbi does not have the correct permits then hes at fault

He Who Breathes

How else do congregations start?

It is almost always a small group of people, who then get larger, and at a certain point, go out and build, or purchase an establishment.

Government departments have to be briefed on the subtleties of their jobs, with the emphasis on community, and the betterment of society, not just making laws and imposing restrictions.

Of course the next step, would be outlawing all regular gatherings in peoples houses - now that would really be a step in the wrong direction.

Dorothy Hawkins

My uncle was a priest, stationed far from our family home. When he'd visit, we'd have a special Mass right in Mom and Dad's living room, with my uncle presiding. Neighbors would also be welcomed to attend the "home mass". "Whenever two or more of you are gathered in my name...you have to have a permit to talk about me" said no religious figure, ever. I hope the rabbi is successful in his struggle here - because from the looks of the photo, pretty soon neighborly potluck gatherings will have to have permits, too!

Merlin

Code violations. No different than operating a pig farm or a scrap yard in a residential zoned area. No religious persecution.

John Alex Paxson

Another example of a government type money grab!!

BERNARD S ANTIN

The comparison between similar uses only distinguished by their purpose ;one secular, the other religious would be winning argument. However, the frequency of gatherings and the impact those activities on local traffic and general atmosphere of the neighborhood may work against the Rabbi and his community. However, if the Rabbi through counsel can show the local council’s actions worked to signal out the Rabbi’s community more so than other residents engaging in regular at-home religious gatherings, plus showing the onerous nature of the required alterations imposed on religious use of property effectively single out the Rabbi’s community

David George Promis

It’s a mad mad mad mad World 🌎

Rev David Drudge

Test

Lion on the Beach

I'm sure if the gentleman was holding some sort of a satanic, wiccan, sanitarian, or scientologist sing-along/ barbeque in his back yard, "All would be right" with the local anti-religious authorities.

Glen Marshall

I wonder if there are Wiccans who host seasonal and lunar cycle gatherings at their homes. My guess is that there is at least one coven in the area. They may be willing to testify.

On the other hand, I do expect zoning laws to be enforced regardless of the use for religious or non-religious gatherings.

Melody D Barnes

People have the right to have who ever they want to visit with in their homes. This is totalitarian and draconian rules. Stop trying to totally control other people. I have 40 family members over for dinner, we visited and played cards. If they came once a week, that would be fine with me. Religious study of any kind is not a crime. Get out of private business of the people.

Matthew W Meister

The basic premise here is nothing different than a bible study held in one's home. If the Rabbi must get special permits to hold meals and prayers at his home, and the same is not required of others serving meals to friends or having bible study at their home, the Rabbi makes an excellent case for discrimination based upon religion. From the "be careful what you wish for department", are you all ready to make the same changes to your homes that this entity is requiring from the Rabbi so that you can hold a Bible Study or invite friends or family over for meals?

Farajallah Michael Yazbek

I think the Rabbi has a valid case. If there are no formal services, and only a gathering of friends and the faithful for meals and prayers, then the County, State and local leaders are, indeed, in violation of the First Amendment, which begins with the words, "Congress shall make no law..." Congress has been declared by the US Supreme Court as any legal governing body that has jurisdiction over the residents of any particular community and is tax based for its operations. So I hope the Rabbi gets their attention with a HEFTY reward for practicing his faith as guaranteed by the Constitution.

Rev. Elizabeth

He knew the rules in advance. Everyone must comply. Now he is using antisemitism as an excuse for being fined? It says in the article what the rules are when zones coded single family homes, a permit must be obtained.

I just had a thought. Can people have parties in their homes? It’s a large gathering, assuming, right? He is practicing his religion with others, so, I’m trying to think how that works. He can say they are having a party and celebrating someone’s whatever. Right? I can see why he won’t get a permit. But he knew what he was doing. He could have prevented all this if he went to his city hall. He is practicing his work without a permit. I don’t think this man is going to win. He’s just hurting himself financially.

Maybe he should apologize for forgetting and apply for the proper permits so they can practice their religion without outside interference? Wouldn’t that be better? They literally have a law. It doesn’t say why he a not obtaining the proper permits? Is it his faith or is he a rebel? Black and white choice in the courts, he will lose. There is a law. Maybe this ruling is to protect these neighborhoods from so many different practices and heavier traffic and who knows what is going on in these unsupervised gatherings? It can get scary, right?

I agree with him, but I don’t. This is his work, how he supports himself. You do need a permit for doing your work at your home that is zoned for single family homes neighborhood. So the law says he is wrong and at the same time I understand what he is fighting for. Unfortunately they are not going to go away and he will be fine heavily. Go to court and fight it. How long has he been there. They say when the law was enacted. Was there an outside vote for this? Did they inform the public! So much can happen. So many avenues to look at. He needs a good lawyer.

What do you all think? Him saying antisemitism, is he wrong? Right?

Rev. Elizabeth

He knew the rules in advance. Everyone must comply. Now he is using antisemitism as an excuse for being fined? It says in the article what the rules are when zones coded single family homes, a permit must be obtained.

If he is having a lot of people on the day they practice their religion and it affects his neighborhood, maybe he should get a permit. Maybe they should think of renting a small club every time they practice.

He is now charging antisemitism against the people who are fining him for not complying with the rules of that neighborhood. He’s just hurting himself financially. Those are big fines. I understand his passion and wanting his followers to be comfortable. They aren’t now. No one wants to see their leader hurt. I’m keeping an eye on this one.

Paul

I have sympathy for neighbours contending with additional traffic, parking, and noise in what should be a quiet residential area. It's not unreasonable if the gatherings are limited to say 12 people around a table or occasional larger numbers similar to a social gathering / party. Regular weekly numbers implying a place of worship is taking the pee though. Not enough information in the article to judge. It's called a Center and he's applied for permits, not approved though so this suggests more than a meal and prayers. On balance I'm with the planning authority on this one. I'd say the same regardless of the religion involved. Find a more appropriate building in a more suitable place. The fines are ridiculous though but if you're going to ignore compliance notices for long enough that's what happens.

Michael Robinson

There is no permit required for people to gather for any purpose as guests on private property.

The Rabbi's home is not open to the public, nor is it publicly owned. It is Private Property.

This is just another assault on Private Property Rights.

It's not necessarily directed as an assault on Judaism anymore than smoking bans where an assault on smokers: the government merely desires to eliminate the legal right for citizens to own and use personal property.

The government is being deliberately unlawful with a greater nefarious purpose in mind. .

John Parks

This is clearly another example of Government overreach. The Constitution states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

That is the highest law of the land and supersedes all other laws. Nothing there about needing a permit to hold church services. Separation of church and State is a construct that just isn't in the Constitution. It is very clear that the municipality is violating the first amendment in this case. That first sentence is quite clear, and should be taken literally.

Many churches have small groups that meet during the week for Bible studies. According to the persecution that this Rabbi is undergoing, small groups could be next. I very often pray over meals eaten in restaurants with groups of friends. It may offend some, but that is their problem. I'm just exercising my first amendment rights.

Jim Rosenberg

Almost certainly unconstitutional and very likely anti-Semitic, great combination. I especially liked the need for better waste water disposal. There is a rule book somewhere which requires a toilet for so many people, hardly a good reason.

Don James Buckel

Rabbi Levi Gerlitzky, I hope your community (Jewish and gentile alike) stand up with you for what is right! Reading some of the other comments, I agree that you have the right to gather, eat, pray and praise God. If people need a permit for that, then any time we see someone in a diner praying with other people they (we) should also be fined! Sorry for yelling... This just upset me.

Rabbi, I pray that God will open the peoples eyes and stand up to help you.

God bless you.

Gail A. Miller

People host book club meetings, study groups for school, play dates for toddlers, Tupperware or other goods parties, bible studies, and specific celebrations (showers, birthdays, etc.) in private homes. I once had 17 people as guests in my home for at least 12 hours and I only have one single, solitary bathroom. Thankfully, none of my neighbors are tattletales and didn't report me for that. Sounds to me like some bureaucrat with nothing better to do and a bit of a dislike for Jews decided to make a big deal out of it. Reminds me of when someone call the cops on a kid for selling lemonade to make money...there's always one person who is so unhappy they don't want happiness for anyone else, as well.

XXXXXXXXXXXXXXXXXXX

Whoa whoa whoa there guy.

On the other "Is a frozen embryo a baby" article you were all screaming SEPARATION OF CHURCH AND STATE at the top of your lungs.

What happened?

Pick either side and stick to it. Stop flip-flopping to suit your agenda. Some of you guy are as bad as politicians. You can't have your cake and eat it to. Either it's separation of church and state or it isn't.

Well?

Rev. Carol M Anaski-Figurski

Well interesting topic. Check with your village first. Do you need a business permit to be a reverand in a home base business. Some villages say no. Ask then if they could issue a permit for small business per your own standard anyway. Typically the village will tell you one person at a time. However. a celebration or a bible study can be an occasion like a holiday or super bowl. A place to pray or do scripture can be called house of worship or worship hour. It does not need to be called a church @ a home base business. There's a lot of gray areas & wiggle room to modern ministry.

Alexander Arends

I believe this is religious persecution and an infringement on our freedoms. It is like saying you can no longer have bible study groups on any given evening unless your home is handicap accessible, meet parking requirements, install elevators or whatever. A denomination I belonged to originated in the basement of someone's home until we outgrew it and were able to rent a church building from Seventh Day Adventist.

Rev Mark D

He will win in court eventually and the county will end up paying his bills including his legal bills, along with that society that's helping him. Apparently these days it's better to be gay than Jewish in the United States. But a conservative court is going to make sure and so will a liberal Court, and the equivalent use will make an argument, but it may take getting into federal court to make it happen.

Pamela Shuttleworth

This smacks of unadulterated antisemitism. Fight for your right to worship! This truly singling out a specific group. We cannot be silent. Silence = complicity.

TJ

It is odd that the Rabbi had to have a permit to have a gathering simply because those in his group are of a denomination. For those that pray over their food before eating could be seen as a religious gathering. As a gathering is typically seen as two or more people. What is missing in the article is was there disturbances to neighbors of any sort? How many people does the law for the permit state is considered a gathering. If it simply states that churches must have have a permit to operate this is people of the same denomination at a house not at the church (from the article); however there is so many coming over and it's disturbing traffic and also the safey of those in attendance, because of sheer numbers) this would be a reason for acquiring a permit as most gatherings beyond a certain size are considered a hazard and normally you would have to rent a hall etc. I believe in religious freedoms but we must also in practice do so responsibly. It seems the Rabbi tried but was denied (based on article).

Pastor~HP~Sister Beth

So... If someone is sick, and a Priest, Pastor, Rabbi, or Imam are asked to come to the house to pray over the sick person, and that persons entire family shows up, does that make it illegal??? Come on! Who cares if it was in his home. Plenty of people around the World have prayer meetings in their homes. Does that make them criminals??? This is ridiculous! Just because I have a big backyard, and invite a group of Wiccans to my house to celebrate a Sabbat? Does that mean I'm going to have a $40,000 fine? I understand that there are laws. But there are limits, even to laws... and THAT is why we have a legal system. I say, More power to you, Rabbi! Do we even need to mention that COVID is still a very real thing to an extreme right now? It continues to mutate. I have had my vaccines, and I had Covid (for the second time) for the entire month of January, and it nearly killed me this time. True story. If this group is trying to avoid covid, that, in and of itself, would justify having a gathering at someone's house, to avoid larger crowds. Has he turned his home into a Temple? Looks to me like the Rabbi has a few men around his dining room table. Did he file for Religious Organization status? THEN I'd have an issue. For goodness sakes. They are just reading the Bible and having a discussion. I hope he wins his case. This does sound to me like religious persecution. Just say'n. If not that, then the county is trying to gain their annual funds covered through charging this man fines. Seriously. Who is he disturbing with these gatherings? Probably not his neighbors, because Jewish Communities tend to be very close - the houses surrounding his are probably the very same people who are coming to visit him.

Peace & Blessings,

Sister Beth

Colleen McAllister

Something here seems wrong. How is this any different from an in-home Christian Bible Study? Have the neighbors complained? Have police been called out? Is there some physical signage or building modifications that make this house a Synagogue? It all sounds like sour grapes to me.

Dr. Zerpersande, NSC

It sounds as if this is a potential tax situation. If so then those benefits can’t be had without following all the rules and regulations. Period.

Matthew Mastrogiovanni

As long as it's free, and just a handful of people then I don't see a problem. But, if there's a crowd, there's a safety issue, without the upgrades. If he's collecting any money, then that can be an issue too.

Ian Mcleod

Good Rabbi, welcome to the good old USA, a country where your rights mean nothing at all and yet the USA goes out and attacks other nations for very similar situations, so go to court and lose it will give you something to fight for afterwards in a higher court and that will cost more??

Rev. Z.D. Caballero

I think this comes down to definitions and nomenclature. If the Rabbi hadn't called his home a Jewish Center, this would have been a moot point because freedom of association protects him and his fellow practitioners.

I am sure that in the same community where the Rabbi lives there must be at least one other house where, say, a weekly Christian Bible study takes place, among friends. There even might be some friends who practice Buddhist meditation in the back yard of another house. Or Native Hawaiian religious dances and ceremonies. They don't need a permit, right? However, if they incorporate as a religious community, then they cease being people protected under the constitution and become juridical persons, a religious non-profit business, with all the requirements the law has established.

Let's be Salomonic about this. Fines for everyone! Or, a free for all! Or abolish the Sacred Piece of Paper housed in the Holy Museum, and start from scratch. Or... How about fixing the potholes and collecting the trash, providing better housing for the tons of Hawaiians who can barely afford to live in their land? We humans are so fond of losing focus of what really is important: treating one another like humans.

Ari Joseph Bertine

I agree that it's unconstitutional. If his neighbors can have parties, if anyone in that neighborhood can have a barbecue without a permit, then he should be allowed to have prayer gatherings without one. Adding prayer to a dinner party does not suddenly and magically make it have different physical requirements from a barbecue. If prayer is literally the only difference, then it is being discriminated against.

Arlette O'Rourke

Federal law explicitly protects churches and other religious institutions and individuals from unduly burdensome or discriminatory land use and zoning regulations. After learning that local land use and zoning regulations often placed burdens on religious congregations’ ability to practice their faith in violation of the U.S. Constitution, Congress enacted the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA

https://www.churchlawcenter.com/nonprofit/what-churches-need-to-know-about-local-zoning-and-land-use-laws/

Sidney Baumgarten

While this may appear to be the result of anti-Semitism, I am more persuaded it is just the bureaucracy at work. Technically, the county officials may be right to require that appropriate safety measures be taken, but I cannot see how a private home should be barred from holding a religious service. As others have noted, if you have an ordinary party in your home, no one cares how many people are in the house.. On the humorous side, will the county object if you have 10 children, 2 grandparents, and others living with you? How many is too many?

Jerry D. Miller II

If only things were as simple as we'd like. There well be an HOA that supercedes local ordinances.

I had one neigbor that was holding prayer gatherings on Sunday mornings complete with MICROPHONES.

The same thing happened down my block with a backyard gathering Sunday evenings, again with MICROPHONES, in Creole. I could hear the sermon from 6 houses away , with my windows closed.

The issue, is local ordinances are not made for individual interpetations, this means what's OK for one is OK for all. I have to side with the local authorities on this one.

As far as "freedom of expression", this gets dicey real quick. While we do have "freedom of speech", we do not have the freedom to yell "active shooter" in the foodcourt mall.

Hold your gatherings on ZOOM unless or until you are large enough to occupy a proper place.

Gureg Amun Ankh

You know, hate and manipulation comes in many forms, sometimes hand in hand, a similar situation happened in a little town in rural Georgia Eatonton),a Reverend acquire 476 acres and used 19 of them to build a church and other facilities for his congregation,this rev was African American and most of his congregation was, although anyone could be apart and was welcome, the place was beautifully built, cultural, planning &zoning gave them such a hard time, and the reason why, it was being controlled by a racist sheriff who ran that county, the people were harass day in day out they did the same thing this rabbi did took it to court and won because of constitutional violations by the planning & zoning who were being controlled by the county sheriff, hate and injustice go hand in hand when it comes to religion and culture an race, I hope everything turns out good, however be prepared for a battle and have your facts straight and well documented.

Alan Delayne Hart

LISTEN UP PEOPLE. The county is charging the "name" the rabbi was assigned a few days after his nativity and by the abatement process he can deflect the the lawsuit by sending the summons back to the issuing fictitious entity explaining they need to correct the charging documents to reflect his given name in lieu of the government dba First,Middle, Last. He might include an affidavit of Denial of Corporate Existence. The letter should be delivered by notary presentment with reply requested to be made to the notary not the rabbi.The notary public should comprehend the process and that should end the controversy.

YOU ARE NOT THE NAME THE GOVERNMENT GAVE YOU A FEW DAYS AFTER YOUR NATIVITY. IS THAT CLEAR? The summons is essentially an invitation to contract and all formal invitations must be properly answered in 72 hours according to contract law. Usually the best answer is a conditional acceptance. "If you have a wet ink signed contract that i agreed to not use my home for religious services then either produce it or show you have a bond in the amount of 100,000 ounces of 99.99 % silver to cover your liability and be sure to include the nature and cause of this action and/or the given and surname of any party that claims injury". 'For educational purposes'

Stanley Taubman

“He knew the rules”??? So did Jesus and the revolutionary founders of our country. Shouldn’t the focus be on the righteousness, the morality of the rules? Are the rules fair or discriminatory.

There are so many recurrent gatherings held in people’s homes. Classes, support group meetings, political interest groups, sewing circles and quilting bees, neighborhood associations….. These gatherings aren’t regulated in people’s homes, nor should they be. This rabbi and his fellow worshippers are being discriminated against. By singling out religious gatherings the regulatin itself is discriminatory. I wouldn’t be surprised if it is also being enforced in a discriminatory manner.

Ronaldo

The permit was denied because the local government saw various safety concerns with the building and the number of people it holds during these services. Fire marshals have occupancy limits due to potential safety problems, and the regulations regarding permits and inspections are a part of that. Will this rabbi hold God responsible if he ignores these potential problems and something happens that kills or harms a lot of his congregation? As a Christian minister, I am well aware that I cannot 'slide' on any secular laws because of my beliefs.

Lionheart

Back in the day, I wonder if it was anctually illegal to hold Tupperware Parties 🤔. Does anyone remember those? Do they still exist?

🦁❤️

James Grainger

I feel that if his services are interfering with the neighborhood due to traffic, interfering with daily flow, then he violates the first amendment, Separation of church and state. Get a permit. If it is the neighbors complaining, then it might be religious prejudice, and they are violating the first amendment, then they should "get over it" Religious differences and prejudice, are half the world's problems.

Donald Anthony Tierney

Simply a scam to avoid paying property taxes.

Amber Fry

Honestly if his area had laws and required some sort of licenses or some such to host such a thing then it's a clear case of not following those laws. If there are no such laws then I agree, he is being targeted with discrimination. I'm not part of the religion but I am from this country. Last I checked we were still free to practice whatever religion we belonged to freely as long as we were not hurting anyone else. Being religious doesn't excuse anyone from following those laws.

Rev Mark D

Where's Potter Stewart when you need him?

Melaine Rae Thompson

I don’t see where what he is doing is any different than members of a congregation meeting for Bible studies at a residence.

Donald J. Schutz

Hello brothers and sisters. I did not read more than. He did not Acquire the proper Permits, he's using his 2% of population for tears for his favor.

Takaya Kovani Sweeney

This is dumb. I am in NO WAY religious anything, nor atheist but I am live and let live without harm.

Do people there have to permit for family gatherings or parties that aren’t extremely large? If so, fine…that’s even and fair, end of discussion.

We have lived in several gated communities and you only have to mention anything if it’s going to be 10+ people.

If more, you have to book the clubhouse.

Also, there’s a noise cut off time.

This is responsible and respectful for all involved.

If these people weren’t 20 deep, blocking people’s drives or causing a raucous, what’s the issue here?

XXXXXXXXXXXXXXXXXXX

Just change the sign in your front yard to read "LQBTG Synagogue", and the town will run like a whipped puppy, Rabbi.
Throw up one of them rainbow flags for good measure on the flagpole in your yard and you'll never see a city building inspector again.

Save yourself 40G and a lot of attorney fees on a case you're about to lose.

Beth

I would say "It depends". It depends on the size of the gatherings and how much noise or other disruption of the neighborhood is involved.

If it's 2 or 3 carsfull of people, making little to no noise at reasonable hours when most people are awake, it should be okay - not appreciably different than someone having any other small gathering. If they are loud - especially using electronic speaker systems it shouldn't be viewed any differently than someone playing a stereo/music that loudly at that time. Or, if they're adding 30-40 cars on a residential street every few days - that's too many people, and disrupting the neighborhood... or their neighbors peaceful enjoyment of their own homes.

Most pagan groups meet in homes, and it's unreasonable for each of them to get permits. Other minority religions may not be big enough in a given area to be able to afford their own church/temple/gathering space, so meet in someone's home. So are many prayer meetings or Bible studies of Christian groups.