Teaneck Patch - Biased Reporting Part 2

Teaneck Patch posted an article about Etz Chaim/Our Saadya taking Teaneck to court.

In the comment's section Mr. Jason Flynn posted an inane comment:

Jason Flynn 2:35 pm on Thursday, June 21, 2012
Can we call a spade a spade. There are many synagogues and churches all up and down Queen Anne Road, from let's say West Englewood to Degraw. Some have no parking. Most are 5-10x plus the size of this congregation. Some have services from 6 AM - after 10 PM, seven days a week. There is CVS, restaurants, fruit stores and even liquor stores. There are multiple NJT bus lines that stop up and down this Avenue all day. There are medical buildings, realty offices and banks. Yet, a small congregation has these restrictions and their rights are being violated. Which store front, bank or church have NO signs in front of them on Queen Anne Road? Which one is restricted to one day a week of usage? 


As a person that enjoys membership and participation with the wonderful people that make up this congregation, let's call a spade a spade. The congregation assists the elderly, home bound and ill of our community, regardless of race, religion or beliefs. They provide educational, enriching and productive programming for youth through adult. In 2012, it is kind of embarrassing that our township would even think to ask our congregation not to have a sign outside or use it more than one day a week, when dozens of religious and corporate members of Queen Anne Avenue are not given ANY of these restrictions.

____________

I tried to respond but my comment has been moderated:

Jason Flynn using the term "Calling a Spade a Spade" is highly racist. NO ONE really uses the term since the seventies for that reason.


Jason Flynn forgot to inform the readers and commenters that he has a grudge against Teaneck for fighting against his charter school and not allowing his school to add to our tax roll.  Transparency is key Mr. Flynn.


Etz Chaim/Our Saadya and Rabbi Daniel Feldman, the founder and spiritual leader, gave extensive interviews for the local papers outlining their weekly needs. Rabbi Feldman said in the Jewish Standard that they need the house on 554 Queen Anne Rd. for 3% of the week. This was long before Robert Erlich "gave into" Teaneck "under duress".


This is a case of a group of people trying to scam Teaneck. They got caught and reapplied with specific stated needs and they got what they wanted. Instead of showing maturity and applying for the NEW changes and a sign like ALL ESTABLISHED CHURCHES AND SYNAGOGUES AND CORPORATIONS do, they are trying to renegotiate a signed deal in court.


Teaneck has tons of Jewish synagogues, prayer groups and kosher shops.  The lawsuit is calling an open and friendly town antisemitic. Its happening because Rabbi Daniel Feldman, the founder and spiritual leader of Etz Chaim/Our Saadya, is allowing his synagogue to try to circumvent the laws instead of following them under the guise of accusations of antisemitism. This is on top of all their negative activities since 2007.


For more info check my entire blog, Biased Repoting and the comments on this Jewish Standard article.

More to come soon

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.

Some Famous Bypasses

Coronary Bypass

Highway Bypass

Gastric Bypass

AND..........................................

Neighbor Bypass

Teaneck congregation appeals conditions placed on house of worship permit

Monday, January 10, 2011
BY JOSEPH AX
THE RECORD
STAFF WRITER
TEANECK — A Queen Anne Road congregation that received a house of worship permit last fall after months of controversial hearings has appealed several of the permit’s conditions, calling them arbitrary and unduly burdensome.

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.

By contrast, the congregation claimed, the board’s conditions “are vague and ambiguous on their face, largely have no connection to any legitimate land use concern, and are far more onerous than the conditions imposed on other, comparable secular and religious institutions.”

The case has sometimes delved into the murky definition of a “house of worship,” as the congregation holds services in a private residence.

Etz Chaim owns 554 Queen Anne Road, and the group’s rabbi, Daniel Feldman, lives at the home. The congregation received permission from the town to add a family room and to hold private prayer meetings there.

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 town’s zoning official issued a cease and desist order in August 2008, and the congregation decided to apply for the permit rather than filing a lawsuit then. After a series of contentious hearings, the zoning board issued the permit – along with two dozen conditions – last fall.

Among the restrictions flagged in the lawsuit are a ban on using the outdoor space for celebrations, a limit on the number of religious services permitted during the week, a ban on outdoor signage and a requirement that participants leave the home an hour after services are finished on Saturday mornings, as well as others.

“Shackled by the onerous conditions imposed by the board, Etz Chaim is not able to proceed as a fully operational Orthodox Jewish house of worship,” the lawsuit reads.

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.

Harold Ritvo, the zoning board attorney, did not return a call seeking comment. Rif Campeas, one of the neighbors who led the fight against Etz Chaim, declined to comment on the suit.

E-mail: ax@northjersey.com

Rutherford Institute Update

The Rutherford Institute represented Etz Chaim of Teaneck.

The Rutherford Institute describes it's mission:
"Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated.

The Rutherford Institute has emerged as one of the nation's leading advocates of civil liberties and human rights, litigating in the courts and educating the public on a wide spectrum of issues affecting individual freedom in the United States and around the world.

The Institute’s mission is twofold: to provide legal services in the defense of religious and civil liberties and to educate the public on important issues affecting their constitutional freedoms."

ONE YEAR ago I posted in Etz Chaim of Teaneck: Modern Day Robin Hoods?:
"Two things make Etz Chaim special, however. First is the unorthodox manner in which it remodeled the rabbi's residence to create worship space that technically may or may not have been what is commonly considered a synagogue, generating ill will in the process.

The second is the implied threat of a lawsuit against the town if permission is denied. Etz Chaim is represented by the Rutherford Institute, a prominent legal organization that takes cases to protect religious rights. Its 2008 annual report lists Etz Chaim as a "pre-litigation."

Etz Chaim doesn't follow Township rules and will claim that their "religious rights" were violated if their permission is denied."

This is the original article the Rutherford Institute posted on their website from the Jewish Standard.

Important Points:

• Feldman said he believes the prayer group is "among the most above-board and responsible, and we have taken every appropriate step to do everything by the book."
• The rabbi disputed the change-of-use argument, saying that of the 168 hours in a week, only five are devoted to religious services at the house, which are held Friday night and Saturday morning and afternoon.
• "That’s 3 percent of the time," he said. "It is our understanding, confirmed in two meetings with the township, that [a] prayer group in the house is a permitted residential use. Thus, we do not believe that the use has been changed in any way."
• Erlich said the group had filed an appeal to the zoning board to challenge "the interpretation of what they [the township] say is going on at 554 Queen Anne Road. They call it a house of worship [and] place of assembly [but] we call it a private prayer group."
• According to the letter, "[W]hen Rabbi Feldman first decided to have a private prayer group in his home, it was of the utmost importance to him that everything be done above-board and in accordance with local ordinances."
  The letter also explains that services are held on the "Jewish Sabbath and on Yamim Tovim/holidays."
• "We told the town from the beginning what we were doing, and they confirmed that it was acceptable," Feldman said. "We were not trying to hide anything."

The Rutherford Institute 2010 CASE SUMMARY REPORT doesn't include Etz Chaim of Teaneck as one of its clients. Even the Rutherford Institute doesn't consider BOA ruling as discriminating against Rabbi Feldman and Etz Chaim of Teaneck. Etz Chaim of Teaneck got exactly what they wanted and fought for.

Etz Chaim of Teaneck has overplayed their hand.

whois-"etzchaimteaneck.org"?!?!?

Who is EtzChaimTeaneck.org?
The website suddenly mysteriously appeared.
When was it created and who is behind it?


According to a whois search, etzchaimteaneck.org has been around since May 26, 2008
and was Registered by
Domain Discreet ATTN: etzchaimteaneck.com 
Rua Dr. Brito Camara, n 20, 1 Funchal, Madeira 9000-039 
PT Phone: 1-902-7495331 
Email: f83ac49f0a141151008701c8fba3cd53@domaindiscreet.com

Dr. Brito Camara must be a very prominent member of Etz Chaim.


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Registrant: 
Domain Discreet ATTN: etzchaimteaneck.com 
Rua Dr. Brito Camara, n 20, 1 Funchal, Madeira 9000-039 
PT Phone: 1-902-7495331 
Email: f83ac49f0a141151008701c8fba3cd53@domaindiscreet.com

Registrar Name....: Register.com 
Registrar Whois...: whois.register.com 
Registrar Homepage: www.register.com 
Domain Name: etzchaimteaneck.com 
Created on..............: 2008-05-26 Expires on..............: 2011-05-26 
Administrative Contact: 
Domain Discreet ATTN: etzchaimteaneck.com 
Rua Dr. Brito Camara, n 20, 1 Funchal, Madeira 9000-039 
PT Phone: 1-902-7495331 
Email: f83ac49c0a1411510088cced763677d6@domaindiscreet.com

Technical Contact: Domain Discreet 
ATTN: etzchaimteaneck.com 
Rua Dr. Brito Camara, n 20, 1 Funchal, Madeira 9000-039 
PT Phone: 1-902-7495331 
Email: f83ac4a50a141151002fac5279f7de00@domaindiscreet.com

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This was registered while Etz Chaim claimed they were just a private prayer group. It must have been part of their discrete transparency with the township. This small group of incredible people are just upright pillars of the community.