TLS first brought this issue to light in 2017.
Attorney General Gurbir S. Grewal announced today that the State has filed a civil rights lawsuit against Jackson Township alleging that Township authorities violated the New Jersey Law Against Discrimination by using their zoning powers to make it harder for Orthodox Jews to practice their religion and to deter them from moving there.
The State’s complaint alleges the Jackson’s adoption of discriminatory zoning ordinances and enforcement practices was motivated in part by officials’ desire to appease Township residents who reacted to the Township’s growing Orthodox Jewish population by expressing hate and fear on social media, in complaints to Township officials, and in public meetings.
“We’ve filed this lawsuit because bias and hate have no home in New Jersey, and we will not allow some vocal residents’ intolerance to drive local government decisions,” said Attorney General Grewal. “Like all public servants, municipal officials have a duty to uphold the law, not weaponize it against specific groups because of what they believe or how they worship. Today’s lawsuit should send that message to anyone in New Jersey who needs to hear it.”
Filed on behalf of Attorney General Grewal and the Division on Civil Rights (DCR) in state Superior Court in Ocean County, the four-count complaint names as defendants Jackson Township, the Jackson Township Council, the Jackson Township Zoning Board of Adjustment, the Jackson Township Planning Board, and Mayor Michael Reina in his official capacity.
Jackson Township borders Lakewood, a municipality that has more than 50,000 Orthodox Jewish residents and that is home to the second largest yeshiva—a type of Orthodox Jewish religious school—in the world.
According to the State’s complaint, starting around 2015, a vocal group of Jackson residents began complaining to local officials about an influx of Orthodox Jews into Jackson Township. Some residents have amplified their views in hateful social media posts, which have included statements like “we need to get rid of them like Hitler did” and “filthy f’ing cockroaches.”
The complaint alleges that some Jackson officials sympathized with residents’ anger and fear that Jackson was “becoming a subdivision of Lakewood.”
In response, officials devised plans to create and enforce rules that would stymie the religious observances of Orthodox Jews in Jackson and, as one former Zoning Board member said in a Facebook post, quell “the tsunami of orthodoxy that is mounting at the border.”
Through ordinances and enforcement actions, the complaint alleges, Jackson Township exploited its power to regulate land use and housing to disrupt vital aspects of Orthodox Jewish life in Jackson and to interfere with the ability of observant Orthodox Jews to live there.
“This lawsuit shows that the Attorney General and the Division on Civil Rights stand ready to address discrimination in all its forms, whenever and wherever it occurs throughout the state,” said Aaron Scherzer, Chief of Strategic Initiatives and Enforcement at the Division on Civil Rights. “We will not allow municipalities to discriminate against residents because of their religious beliefs or to take actions based on residents’ intolerance. Instead, as we confront a rising tide of bias across the state and around the country, we need our local leaders to set an example for how to address intolerance and persistent othering.”
The State’s complaint highlights four strategies deployed by Jackson Township to target aspects of Orthodox Jewish religious practice.
First, Township officials allegedly engaged in targeted and discriminatory surveillance of the homes of Orthodox Jews suspected of hosting communal prayer gatherings. Jackson’s zoning code requires permits for places of worship, but there are constitutional limits on municipalities’ ability to use their zoning authority to restrict the free exercise of religion, and government officials cannot discriminate on the basis of religion.
The State’s complaint alleges that Jackson Township dedicated significant resources to monitoring the homes of Orthodox Jews, at the direction of Mayor Reina and others, even after officials warned that taxpayer funds and government resources were being wasted and that officials were not finding significant code violations. Mayor Reina allegedly has stated that, if these were churches instead of Orthodox Jewish places of worship, he would “absolutely not” be fighting them in the same manner.
Second, the complaint alleges that Jackson Township officials engaged in discriminatory application of land use laws to inhibit the erection of sukkahs by the Township’s Jewish residents, particularly in their front yards. Sukkahs are temporary open-air structures constructed to mark Sukkot, a weeklong Jewish holiday celebrating the fall harvest.
According to the complaint, after residents began to question and complain about the appearance of sukkahs, Jackson Township officials modified their interpretation of a local ordinance to effectively prohibit sukkahs in front yards. The complaint alleges that the Township’s new enforcement policy discriminated against Jewish residents.
Third, Jackson officials allegedly discriminated against Orthodox Jews by enacting zoning ordinances in 2017 that essentially banned the establishment of yeshivas and dormitories, where yeshiva students typically reside so as to avoid the distractions of secular life. According to the complaint, as Jackson officials were considering whether to effectively prohibit religious schools, a former member of the Zoning Board warned Mayor Reina that “Jackson will be sued and it will cost the taxpayers dearly to defend the ordinance, potentially millions.”
Fourth, the complaint alleges that Jackson discriminated against Orthodox Jews by enacting a 2017 zoning ordinance that targeted and effectively banned the creation of eruvim – symbolic, boundary-defined areas in which observant Orthodox Jews are permitted to engage in certain activities otherwise prohibited on the Sabbath (Friday evening to Saturday evening) and during the holiday of Yom Kippur. The boundaries of an eruv are often marked by affixing plastic strips known as “lechis” to utility poles.
The State’s complaint alleges that each of these policies and enforcement actions reflects Jackson Township officials’ acquiescence to – and often solidarity with – anti-Orthodox-Jewish bias voiced by certain residents about Orthodox Jews including that they “refuse to assimilate” and that they will “destroy our neighborhoods.”
Among the places where residents have voiced such animus is the Facebook page for a group called Rise Up Ocean County. DCR called on Facebook to monitor the page in April 2019 after receiving reports of its antisemitic content. Facebook eventually removed the page from its platform in early 2020 for violating the company’s community standards for hate speech.
One of the State’s four claims—involving the allegedly discriminatory enactment of ordinances barring yeshivas and their dormitories—overlaps with allegations in a lawsuit filed by the U.S. Department of Justice against Jackson Township in May 2020. The federal lawsuit alleges that the Township passed the ordinances, and the planning board has applied those ordinances, in a manner that discriminated against the Orthodox Jewish community, in violation of the Religious Land Use and Institutionalized Persons Act of 2000 and the Fair Housing Act.
The State’s complaint asks the court to find that each of the challenged zoning practices violates the Law Against Discrimination, to issue an order prohibiting Jackson Township’s discrimination against the Orthodox Jewish community, and to impose civil penalties, among other relief.
The Jackson Township lawsuit is the second lawsuit filed against a New Jersey municipality by the State in recent years to stop discriminatory zoning practices targeting Orthodox Jews. In 2017, the State sued Mahwah Township after it adopted two allegedly discriminatory ordinances – one banning non-residents from using Mahwah’s public parks, the other banning the posting of “lechis” on utility poles located within the municipality. The Mahwah lawsuit was resolved through a settlement agreement in 2018.
Assistant Attorney General Mayur P. Saxena, and Deputy Attorneys General Renee Greenberg, Joanna R. Loomis, Micauri Vargas, and Eve Weissman, of the Affirmative Civil Rights & Labor Enforcement Section of the Division of Law’s Affirmative Civil Enforcement Practice Group, are handling the Jackson Township lawsuit on behalf of the State.
To file a discrimination complaint with DCR visit https://bias.njcivilrights.gov/ or call 1-833-NJDCR4U (833-653-2748).
This is why its imperative that all Frum yidden come out and vote for Murphy this Nov. Please let go of the Trump bias. Yes Trump and conservatives are generally more aligned with our needs on israel and the supreme court etc.. But we must be issues based. let remember that years ago the republicans’ were huge anti Semites. It really only changed under Bush 43. We can’t be loyal to on party. The issue in our community is the anti Semitism. perpetuated by Jackson republicans. We also owe hakars hatov for his being a mentsch with our mosdos this year, unlike the Governor Antichos form NY. Ignore your biases against libs and focus on our issues please.
Murphy is pro to’eiva marriages and pro murdering babies before they are born. Why should we vote for him and lower our morals. It is not our bias against libs. it is the Torah’s bias against liberal murder and immorality. Two of the Aveiros Chamuros Yehoraig V’al Ya’avor.
lol
assur to vote for liberals’!!
i dint think there is anything wrong with a township enforcing zoning laws to keep the town a quiet and an enjoyable environment, why would any township want the irresponsible development reaching their community and destroying their quick and peaceful travel .
good point branovitch!
Assur to vote for libs ? R Moshe and so many others said to vote for libs when they help us. What kind of mishigas is this ? The threats against our community are real. Rise up ocean county wants to shut down playgroups and basements. They are a real threat. Our Mosdos staying open during a pandemic is a serious issue . Bec of some lgbt which is the law of the land you act suicidal? You think Rabbi Schnall and gedolim don’t know better ? How foolish are you folks getting stuck on one issue . You vote for the gruba poretz who protects you .
No gadol will ever tell you that standing up for the Torah is suicidal.
Standing up for the torah means voting for the portez that best protects our community so we can learn torah in golus and raise yiddisha kinderlach. I don’t believe you’ll find a single gadol who will say bec of LGBT (law of the land anyhow, passed by a republican judge Roberts) and bec Muprhy is a lib that you shouldn’t vote for him. You need to look at the big picture and all the issues. You can’t be klien keipdik.. Now please go find a gadol that gets our issues and will still say not to vote for Muprhy. Maybe ask R Simcha Bunim Cohen shlita who goes with R miller ZT”l shitas what he holds. I bet he’d still say Muprhy.
Well I’ll ask my gadol and you’ll ask yours but don’t start imposing your deios on others.
Old Time Branovicher, this isn’t abouy preventing development. It’s about preventing JEWISH development ; making laws specifically targeting jews, and then only enforcing them against Jews.
Meanwhile, they’re building huge developments such as an international sports complex with hotels, Jackson health village, and other developments that bring in far more traffic than a Jewish development would
If you want to keep your town rural, then make rules to prevent development for everyone, not just rules to keep out one community, while actively courting others.