Thursday, February 09, 2006
Group claims right to assemble
A lawyer for the Chabad Jewish center said the constitutional right to freedom of religion trumps local zoning and state construction code laws.
The center is challenging zoning and construction codes so it can continue to religious services in the home of Rabbi Avraham Bechor on West Hanover Avenue.
Bechor was due to appear before Municipal Court Judge Ira Cohen on Wednesday, Feb. 1, to respond to summonses that had been issued by the township. Bechor did not speak but his new attorney, Ronald S. Heymann, told Judge Ira Cohen that his client intended to take the matter to trial.
Responding to several neighbor complaints of increased traffic and parking problems, Zoning Officer Barrie Krause issued a summons in December stating that Bechor’s home, constructed as a single-family dwelling, violates local zoning because it is being used as a place of assembly.
Construction Code Official Frank Howard said on Feb. 3 that Bechor’s home does not meet state code requirements for places of assembly, as it does not have sufficient firewalls, sprinkler systems, and handicap accessible bathrooms.
“Rabbi Bechor has the right to worship in his own home under the provisions of the (federal) Religious Lane Use and Institutional Persons Act (RULIPA),” said Heymann in an interview on Friday, Feb. 3. “The act prohibits any government from imposing any regulation, including assembly, unless they can demonstrate a compelling governmental interest, and any imposition has to be by the least restrictive method.”
http://www.zwire.com/site/news.cfm?newsid=16090986&BRD=1918&PAG=461&dept_id=506888&rfi=6
A lawyer for the Chabad Jewish center said the constitutional right to freedom of religion trumps local zoning and state construction code laws.
The center is challenging zoning and construction codes so it can continue to religious services in the home of Rabbi Avraham Bechor on West Hanover Avenue.
Bechor was due to appear before Municipal Court Judge Ira Cohen on Wednesday, Feb. 1, to respond to summonses that had been issued by the township. Bechor did not speak but his new attorney, Ronald S. Heymann, told Judge Ira Cohen that his client intended to take the matter to trial.
Responding to several neighbor complaints of increased traffic and parking problems, Zoning Officer Barrie Krause issued a summons in December stating that Bechor’s home, constructed as a single-family dwelling, violates local zoning because it is being used as a place of assembly.
Construction Code Official Frank Howard said on Feb. 3 that Bechor’s home does not meet state code requirements for places of assembly, as it does not have sufficient firewalls, sprinkler systems, and handicap accessible bathrooms.
“Rabbi Bechor has the right to worship in his own home under the provisions of the (federal) Religious Lane Use and Institutional Persons Act (RULIPA),” said Heymann in an interview on Friday, Feb. 3. “The act prohibits any government from imposing any regulation, including assembly, unless they can demonstrate a compelling governmental interest, and any imposition has to be by the least restrictive method.”
http://www.zwire.com/site/news.cfm?newsid=16090986&BRD=1918&PAG=461&dept_id=506888&rfi=6
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