The Gold Standard

To win a courtcase, there must be some contact with the opposing counsel. In the case of Etz Chaim/Ohr Saadya or ECOS (Every Congregant's Overtly Sinning) there was a winner before any correspondence was sent between Akiva Shapiro ECOS lawyer and Teaneck.

When going to court against a township, especially in the case of "religious discrimination" and the duress of Robert Erlich, it is important to pick an experienced and qualified lawyer to help you win. But that's not the case here. ECOS picked a lawyer who values something more than religious freedom for the Shtibshul Prayer Group. It can't be the money because he is doing the case pro bono, so what is in it for him?

Lets learn a little bit more about Akiva Shapiro from Martindale (a handy website where you can research lawyers). I'll be sure to bold the important parts.

Practice Areas Litigation Appellate and Constitutional Law Media, Entertainment and Technology White Collar Defense and Investigations
University	Columbia University, Bachelor of Arts, History, 2001; Yale University, Master of Arts, Religious Studies, 2008
Law School	Columbia University Law School, Juris Doctor, 2008
Admitted	2009, New York; U.S. District Courts for the Southern and Eastern Districts of New York

Akiva Shapiro is an associate in Gibson, Dunn & Crutcher's New York office, where he is a member of the firm's Litigation Practice, as well as its Appellate and Constitutional Law Practice Group. Mr. Shapiro's practice focuses on a broad range of appellate, constitutional, criminal, and complex commercial litigation matters, often involving challenges to the policies and legal determinations of government actors. Mr. Shapiro is regularly engaged in front of the U.S. Supreme Court, federal and state courts of appeal, and New York's trial courts. (Since 2009 - 2 1/2 years at most - my addition)


Some representative matters in which Mr. Shapiro has been involved include: Persuading a New York appellate court to grant an emergency stay, and issue a precedent-setting ruling on the merits, preventing the NYPD from continuing to target the ticket-sales practices of an entertainment venue; representing a brand drug manufacturer in an interlocking, multi-year cluster of intellectual property lawsuits, both at trial and on appeal ; suing to prevent the implementation of a statute on takings and environmental impact grounds; and a wide range of high-stakes commercial disputes involving-among other things-fraud, breach of contract, and class action claims. (Since 2009 - 2 1/2 years at most - my addition)

Mr. Shapiro has participated in the preparation of numerous certiorari and merits stage briefs to the U.S. Supreme Court, including as principal architect and author of a number of amicus briefs relied on by the Court in the constitutional, criminal-immigration, and separation of powers contexts.

Mr. Shapiro is also currently leading the trial team in a suit to protect the land use and First Amendment rights of a New Jersey synagogue; for his work on that case, among others, Mr. Shapiro was nominated for the Frank Wheat Award, given to lawyers in the firm who demonstrate leadership and obtain significant results for their pro bono clients.

Mr. Shapiro earned his Juris Doctor in 2008 from Columbia Law School, where he was a senior editor of the Columbia Law Review, a Harlan Fiske Stone Scholar, and a semifinalist in the Harlan Fiske Stone Honors Moot Court competition. After law school, Mr. Shapiro served as a research assistant to Judge Debra Livingston of the U.S. Court of Appeals for the Second Circuit and to Professor Harold Edgar. He also received a Master's Degree in Religious Studies from Yale University, where he was a member of the Yale Journal of Law and the Humanities and the recipient of a Yale University Fellowship. In 2001, Mr. Shapiro graduated from Columbia University with a Bachelor of Arts in History. Mr. Shapiro is admitted to practice in the State of New York and before the U.S. District Courts for the Southern and Eastern Districts of New York. (Since 2009 - 2 1/2 years at most - my addition)

Mr. Shapiro regularly speaks on constitutional and legal ethics topics , and has published "Should the Lower Courts Save Taxpayer Standing?" in The Journal of Appellate Practice and Process, 10 J. APP. PRAC. & PROCESS 273 (2009)."

Very impressive guy this Akiva Shapiro and he totally fits ECOS. He graduated college in 2001 and got his MA in religious studies and his JD in 2008, from two different Universities located in two different states. Very impressive to  go to Yale and Columbia concurrently and earn those degrees. He was admitted to the bar in 2009. That's a ton of education and experience for ECOS to draw upon to help them win, NOT! 

Akiva Shapiro has an impressive write up and has achieved a lot since 2009 - 2 1/2 years at most. Obviously ECOS wasn't happy with their last lawyer and they took on this experienced lawyer to show Teaneck that they mean business, afterall he was the lawyer who prepared a brief for Zivotofsky vs Clinton which was argued in the Supreme Court in 2011. 

So what is in it for  Etz Chaim/Ohr Saadya or ECOS (Every Congregant's Overtly Sinning) ? Why Akiva Shapiro? 

• He's a member of  ECOS
• He's doing it Pro Bono
• He convinced Rabbi Daniel Z. Feldman its a good idea
• Zalman Levine doesn't like losing
• Robert Erlich wasn't happy with the accurate quotes in the various newspapers
• Since Mario Guralnik is not involved with ECOS anymore they feel their chances for victory greatly improved
• ECOS already used Jason Flynn for their parking initiative and it failed
• Gary Miller was extremely active and disappeared
• They will have nothing to talk about during laining if there are no lawsuits

Etz Chaim/Ohr Saadya loses either way because of the bad press and the stigma of going to a shul that has separated itself from the community and is built on hate.

Teaneck loses either way because the tax payers have to foot the bill for the BOA's defense.

Akiva Shapiro, ESQ has already won. 

• He is lead counsel on this case.
• He was nominated for the Frank Wheat Award, given to lawyers in the firm who demonstrate leadership and obtain significant results for their pro bono clients.
• He was honored at Etz Chaim/Ohr Saadya's  last dinner.
• He was promised  2 aliya's a month by Levi Goldberg and then Levi changed it to 3 aliya's because Zalman told him to.
• Rabbi Daniel Feldman will speak at Beth Aaron on a Tuesday night in his honor, for a modest donation of course.
• He will have his picture and name in prestigious newspapers like the Jewish Standard and Teaneck Suburbanite.
• Columbia and Yale will write about him in their alumnus newsletters.
• The Famous Urine Cake King will give Akiva a lifetime supply of splash guards and cakes for his urinals.
• Free high risk deliveries from Dr. Abdelhak.
• Mario Guralnik promised him free parking in his backyard.
• Rochelle Mandelbaum will make sure he gets all the approvals to extend his house, when Akiva is ready.
• Elliot Frome put in a huge bet in Vegas on the verdict and promised Akiva 10%.
• Allan Chanan Cohen promised to smile if Akiva wins.

Akiva Shapiro arranged special permission to argue the case in NJ because he is only recognized in NYS. 

He wins no matter what the outcome, because Akiva doesn't "really" care about ECOS or money. Akiva wants the recognition, the press, the awards and the accolades. Akiva Shapiro is 2 1/2 years into his law career and isn't focused on the outcome. Being first chair is all he cares about and he steered ECOS and Teaneck into the lawsuit for personal reasons. 

Akiva Shapiro is the perfect lawyer for Etz Chaim/Ohr Saadya. They both fit together

Biased Reporting

Courtesy of the Jewish Standard: Etz Chaim Lawsuit Alleges Teaneck Violated Shul's Constitutional Rights

I commented on the latest Jewish Standard gem of hard hitting unbiased journalism.

The comment is currently "up".

Mr. Lipowsky, you have written and researched a few news articles on Etz Chaim for the Jewish Standard. This is a well spun and a well sanitized piece. Etz Chaim wasn't pressured into the BOA's stipulations. Robert Erlich and Rabbi Daniel Feldman told Daniel Santacruz as reported by the Jewish Sandard as early as 8/28/2008 that all they want is exactly what the BOA granted Etz Chaim.

This isn't a case of restricted Religious Freedoms. Its all about strong arming Teaneck under the guise of discrimination to bypass the appeals process and opposition from the neighbors.

Its just another instance of Etz Chaim of Teaneck attempting to circumvent the rules. Magically Shaarei Orah, Beth Aaron and Rinat Yisrael had no issues following Township rules and waiting to get approval through proper channels.

Neighborly Love

Etz Chaim of Teaneck does not want to fight with their neighbors.

They really don't.

Etz Chaim of Teaneck doesn't want their neighbors to fight with them, either.

It became more obvious after reading today's Suburbanite. Here is the link to the article: Etz Chaim Files Lawsuit Against BOA

Some highlights:

• Etz Chaim of Teaneck, an Orthodox Jewish congregation at 554 Queen Anne Road, is suing the board of adjustment.
• Griggs Avenue resident, Janet Abbot a neighbor of the congregation, said that one of the restrictions imposed by the BOA was that Etz Chaim appoint a member of its congregation to serve as liaison with the neighbors. Abbot said that to the best of her knowledge, this has not occurred. "Nobody has contacted us," she said. She noted that except for a noise complaint, "Nothing untoward has happened," since the variances were granted.
• "The board's decision was fair because it recognized that Etz Chaim has a right to have a congregation and also recognized that they created a synagogue without going through the normal processes. The board institutionalized what they said they were already doing," she (Abbot) said.
• But Rif Campeas, another neighbor, was more outspoken. Campeas said that on at least one occasion since the variances were granted, a neighbor called the police because of excessive noise emanating from the congregation. "They said they would abide by the board of adjustment decision. The town has invested time and money, but Etz Chaim is never satisfied," Campeas said.
• In an interview, Etz Chaim President Robert Erlich and Akiva Shapiro of the law firm of Gibson Dunn in New York City, co-council in the case, emphasized that the suit is against the board of adjustment and not the neighbors. "Our relationship with the neighbors has been good and we hope that this suit doesn't affect that relationship," Erlich said.
• He (Erlich) noted that the dispute over noise involved a single incident that was resolved immediately and that the neighbor could have approached the congregation directly rather than calling the police. Erlich said that the congregation has not appointed a community liaison because it is taking the BOA's requirements as a whole and is working through them.

Let me add major points from Monday's article in the Bergen Record:

• Etz Chaim, which battled with several neighbors for years prior to getting approval from the town’s zoning board, asserted in a lawsuit filed in Bergen County Superior Court that the variances it had sought – including a request to have only six parking spaces, rather than the 21 required – were relatively minor in nature.
• A group of neighbors – some of whom had feuded with one of the members of Etz Chaim prior to the group’s establishment – complained to the town that the congregation should have applied for a house of worship permit.
• The suit claims the restrictions violate the group’s First and Fourteenth Amendment Rights, the federal Religious Land Use and Institutionalized Persons Act and state law. It seeks to have many of the conditions thrown out and to impose punitive and compensatory damages.
• The group’s lawyer, Akiva Shapiro, of New York-based Gibson Dunn, said his clients would welcome an out-of-court settlement.

Etz Chaim of Teaneck filed this lawsuit to get Teaneck to settle with them.

They do not want this to go to court.

Etz Chaim wants the leadership of Teaneck to feel the weight and pressure of a lawsuit based on the loss of religious freedoms, so they can suppress the Neighbors' rights to be heard.

There is no loss of religious freedom.

To quote Janet Abbot -

"The board's decision was fair because it recognized that Etz Chaim has a right to have a congregation and also recognized that they created a synagogue without going through the normal processes. The board institutionalized what they said they were already doing."

For more on this please read: It Must Be Real It's In Newspapers

Can Opener Anyone?

Click me: Superior Court Bergen County on 12-17-2010

Surefire Way To Get Approved on Wednesday

This was forwarded to me and I feel it is good solid vital advice for Etz Chaim, Rabbi Daniel Z. Feldman, its moral compass, Robert Erlich, its fearless figurehead president and its planning committee puppets to use on Wednesday at the BOA meeting.

It is a surefire way to get the approvals you need for 554 Queen Anne Rd from the township:

Building permit

I just applied for a building permit for a new house.

It was going to be 100 ft tall and 400 ft wide with 9 turrets
at various heights and windows all over the place and a
loud outside entertainment sound system.
It would have parking for 200 old cars and I was going
to paint it snot green with tatty pink trim.

The City Council told me to get lost.

So I sent in the application again,

but this time I called it a

Mosque.

Work starts on Monday

Thank You Teaneck Thank You

I want to thank everyone for a wonderful Tisha B’Av. I enjoyed synagogue hopping and experiencing the mourning of the destruction of both Temples. The community in Teaneck really came together to show their achdut (togetherness) as a Jewish people. There are some elements in Teaneck that made it even more special and really put me in the right mood.

They say that you don’t really learn something until you experience it for yourself. Let me tell you friends, Teaneck is the destination to truly feel the meaning of Tisha B’Av. The fast day was extra meaningful in Teaneck.

Gilluy Arayot (prohibited sexual relations), a reason for the destruction of the 1st Temple, is very prominent here. Couples are getting divorced because of affairs and wife swapping is rampant. I must admit, Teaneck is not as bad as Monsey because they do not have a Key Club. What is a Key Club? Check the comments if someone asks.

Where else can one experience the true meaning of Sinat Chinam (hatred of others), a reason for the destruction of the 2nd Temple, on a daily basis. Just see how the members of Rabbi Daniel Feldman’s synagogue at 554 Queen Anne Road, Inc. DBA: Congregation Etz Chaim of Teaneck treat their neighbors, fellow Jews that are local to their location and the Jews of Teaneck at large. They inspire me to pray harder, to tear my clothing in 2 places and to eat extra eggs smothered in delicious ashes.

Teaneck is the place to be for the three weeks, nine days and especially Tisha B’Av. One day, when the Messiah comes, it will be a holiday and we will travel on the wings of eagles to the holy land of Israel. We will all rejoice together in Jerusalem at THE synagogue, the rebuilt 3rd Temple. A Temple not funded by illegitimately obtained monies and based on illegally filed building plans.

Amen!

This posting was brought to you by the letter A, the number 55 and
etzchaimteaneck.blogspot.com and
etzchaimteaneck.org

Embarrassed Much?

Yet another speaking engagement without mentioning Rabbi Feldman's greatest achievement yet! and no I am not talking about his Yadin Yadin Semikha.

The AD:

Yeshiva University invites you to join us at our next
Summer Breakfast Lecture at Morgan Stanley featuring Rabbi Daniel Feldman

"Understanding the Prohibition of Ribis"

Rabbi Daniel Z. Feldman is an instructor of Talmud and Jewish Studies at the Stone Beit Midrash Program of Yeshiva University, and serves as the Director of Rabbinic Research at YU's Center for the Jewish Future.

Wednesday, July 28, 2010

Listen -

If I paid good money to start a synagogue for my friend's lawsuit against a major Jewish Newspaper and others and in the process angered my synagogue's neighbors to the point where they complain to the township, try to destroy a few synagogues to insure my synagogue's success and caused the black eye of anti-semitism towards the Jews of Teaneck, falsify documents to speed through approvals from the building dept., I would be damn sure that Mara D'Atra of my Congregation, Etz Chaim of Teaneck, would be on every announcement, flyer or advertisement that features him. The honorable Rabbi Daniel Feldman.

I don't understand how Rabbi Feldman is going to act as a moral compass for others when he is the Rabbi of a synagogue that is unethical in their dealings with money and the township.

I guess he must have explained it at Beth Aaron earlier in the month when he spoke on the topic of: Lashon Hora L'Toeles-Permissible Lashon Hora. The description of the shiur is that it is a continuation of a shiur dealing with when lashon hora can be justified, i.e. for shidduchim, or business matters.

Just what the guys and gals at Morgan Stanley need. Thank you YU!

Guest Posting: Goodbye Letter

by TiredOfTruthiness

For those of you still on the fence about whether or not Rabbi Feldman and his Etz Chaim congregants premeditated their leave from the Center to create a minyan without the members of the Mechitzah Minyan, here are some excerpts from Rabbi Feldman’s goodbye letter to the Board of the Jewish Center of Teaneck.

April 18, 2007

Rabbi Feldman explains his credentials to people who still look at him as little Daniel while taking a jab at the Board that would have loved to pay him for his services:

It must be understood that accepting this position was in no way in my professional interest, nor did I have reason to believe it would be. I was not seeking employment, nor was I in any way bored. While many in the Center remember me as a child growing up within its walls, it appears to be necessary to point out that I am no longer a child. I have what amounts to three rabbinic degrees, I have written four books, co-edited another six, and sit on the panel that sets halachic policy for the Rabbinical Council of America. I have been a faculty member at Yeshiva University since before I completed my studies there, and I serve there as well in the capacity of resource director and consultant for rabbis across the US and beyond. While the Jewish Center may not feel it is worth paying to have me speak, more than sixty synagogues and organizations in five countries have felt differently. I work three jobs to support my family, and those three together require less time, effort, and emotion than has my unpaid position with the Jewish Center.


Rabbi Feldman refused to be hired as an employee of the Center. He could have been paid as a Assistant or Associate Rabbi to Rabbi Zierler:

In accepting this position, I knowingly sacrificed the status, stability, respect, and financial compensation that would come from any normal position I could have taken elsewhere. (Even had the committed stipends been paid, it would have been a fraction of what I would have earned in any other role). I accepted this position because I believed that I could provide a service to the shul that my parents lovingly served for decades, and continue to serve with selfless devotion, and I believed I could honor them as well with such service. I accepted because I had so much love, affection, and respect for the members of the Center I grew up knowing. I accepted because I believed in the potential for the Center to go from past strength to future strength, as a truly unique model of the best the Jewish people can bring together.


The Mechitzah Minyan had been in existence for 2-3 years, years!, before Rabbi Feldman sat in front of the multipurpose room in the Schechter Space:

And for a while, that potential was on its way to being realized. A truly remarkable group of people assembled over a relatively short period of time, and formed a minyan with whom it has been a profound honor to associate. The minyan quickly earned a glowing reputation throughout the Teaneck community and way beyond.

This truly remarkable group of people assembled over a relatively short period of time couldn’t possibly be talking about the members that were there when Rabbi Feldman arrived. The only group that assembled in a short period of time were the Arzei Refugees.


For all of you who were unhappy with the merger with the Teaneck Shul/Shtibul because of their want and need to destroy Arzei Darom, it is important to reread the first sentence of this paragraph. Etz Chaim’s structure was created to undermine and to hurt Arzei Darom and Rabbi Ciment:

It is important to emphasize that I would never participate in any structure that would undermine the hired rabbi of any shul.The complicated situation in the Center could only have worked in one of two ways. One way is a prearranged dual rabbi structure, which is what I was being told was the plan during the earlier phases of the rabbinic search. If that was no longer to be the plan, as indeed it was not when Rabbi Zierler was hired, the only other way it could work is through the rabbi himself agreeing to and allowing such a structure. To that end, I tried extremely hard to meet with Rabbi Zierler before his arrival to discuss it with him, and was at one point prepared to go to Israel to do so. I was under the impression that the RCBC letter was written with Rabbi Zierler’s participation and consent. Were that not to be the case, I would not have stayed. Now that it is clear that Rabbi Zierler is not comfortable with that arrangement, I would not want to cooperate in any plan that will undermine his authority.


I am putting my eye on Rabbi Feldman calling the Arzei people phenomenal again:
It is sadly ironic that one year ago this week, Rabbi Zierler visited the Center for his second shabbos, and spoke about the linguistic connection between the Hebrew words “nega”, affliction, and “oneg”, pleasure. The two words are spelled the same, but for the placement of the letter “ayin”, which is also the Hebrew word for “eye”. Thus, the difference between suffering and celebrating is where one places the eye, with what perspective one chooses to assess the situation. The fact that a group of people so phenomenal can be subjected to such undeserved negativity is evidence that we have missed the message of Rabbi Zierler’s words.


However, I pray that my place will always be with those whose fault lies in that their dreams are too big and too noble, and not with those who stumble for meanness of spirit and limitation of vision.
Reading the Jerusalem Post, Bergen Record, Suburbanite, Blogs, Vos Is Neias, court transcripts, BOA transcripts and other PUBLIC news sources, I have to say Rabbi Feldman’s prayers have not been answered.



Finally, I extend my profound apologies to Rabbi Zierler for all he has gone through with this matter. There is no denying he has been put into a very difficult position. He is a man of great talent, vision, and commitment, and I wish him only success as he works to bring the Center to the next level. He has done much, in a short time, to enhance the shul and I look forward to hearing about his progress.

Rabbi Zierler is bringing the Center to the next level.


The first thing I said to Rabbi Zierler, during our first meeting, was that our minyan supports him fully and can be his best friend. I continue to believe this could have been the case, and I regret that circumstances went in the direction that they did. Nonetheless, we recognize, as we always have, Rabbi Zierler’s right and responsibility to take the congregation in the direction he sees to be the best.

What congregation did you leave behind for Rabbi Zierler? Rabbi Feldman took everyone with him. The mantra at the time was that everyone has freewill and they left on their own, but Rabbi Feldman's letter shut everyone out of the Center.


Mechitzah Minyan members, this is the paragraph that foreshadowed your abandonment and cold shoulder from Rabbi Feldman and the Arzei Refugees:

I have turned down a number of extremely tempting job offers over the past few years. Among other reasons, I was unwilling to part ways with the extraordinary group that had been formed here. Now, I am gratified to see that a number of different opportunities have materialized both for myself and the minayn, that will allow both a more normal professional structure and my continued association with this remarkable chevra.

CareOne? Chadwick? Nope – Van Buren and a merger with The Teaneck Shul/Shtibul led by Elliot Frome, Zalman Levine and Allan Cohen (a.k.a. – The Remarkable Chevra). They are all part of the group Rabbi Feldman leads today.


You read the comments on the blogs and you read Etz Chaim’s supporters write that everyone who is not part of their Shul should just move on. Its easy for them to say. I am embarrassed when people ask me if I still go to Rabbi Feldman’s minyan. They move from controversy to controversy. Their actions do not represent any of the people they left behind. Etz Chaim should do their share to make it easier for all of us to move on, by making peace with their neighbors and the township. Only then we will all truly know shalom.

by TiredOfTruthiness