Prosecutor Tells Town Police Not To Enforce New Parks Ordinance

MAHWAH, NJ — The county prosecutor told township police not to enforce a new municipal ordinance prohibiting people from other communities from using township parks on the grounds that such enforcement violates the U.S. Constitution.

The ordinance limits the use of Mahwah recreational facilities to New Jersey residents.

Grewal sent a letter to Police Chief James Batelli Thursday directing him not the enforce the ordinance. Copies of the letter (see below) were also sent to Mayor William Laforet, members of the Township Council, and the Mahwah Township attorney.

Batelli expressed concern to Grewal in an earlier letter that enforcing the ordinance means violating people's Constitutional rights and could expose the Mahwah Police Department to civil liability and complaints, Grewal stated in his letter.

Grewal said he concurs with Batelli's observations concerning the ordinance.

"At best, the ordinance invites Mahwah Police Department officers to stop individuals for no reason at all, at worst, [officers] may be called on to stop individuals for impermissible reasons," Grewal said in the July 27 letter. "As a result, its enforcement would violate the Fourth Amendment's proscription against unlawful searches and seizures."

Enforcing the ordinance, Grewal said, may violate an Attorney General directive prohibiting racially-influenced policing. People could also claim that enforcing it would mean interfering with the First Amendment of the Constitution.

In related news, residents have been concerned about came to light that the South Monsey Eruv Fund erected eruv markers in the township, something the township said is illegal.

Eruvs extend the private domain of Jewish households into public areas. They allow households to participate in activities that are normally banned on the Sabbath.

The town notified the organization, the South Monsey Eruv Fund of Spring Valley, New York that the PVC pipes they had installed on utility poles must be removed.

More than 200 people attended a meeting Monday to discuss ways to get eruv removed.

RELATED: Town Tells Jewish Organization To Remove Eruv Markers

Police are investigating the vandalism of some of the pipes as hate crimes. The Bergen County Prosecutor's Office has been notified of the damage.

The South Monsey Eruv Fund has hired the law firm to defend itself against any legal action brought against it, NorthJersey.com reported.

The firm of Weil, Gotshal & Manges will represent the fund on a pro bono basis, the report said.

More than 1,200 signed an online petition demanding that Rockland Electric remove the pipes and prohibit any future installations.

RELATED: Residents Meet To Discuss Ways Of Getting Rid Of Mahwah Eruv

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