Justice Department Investigating Toms River Over Zoning, Chabad Denial: Report

TOMS RIVER, NJ -- The U.S. Department of Justice is investigating Toms River's zoning laws with regard to religious uses in the wake of the Board of Adjustment's decision to require a use variance for the Chabad Jewish Center, according to a report.

The Asbury Park Press reported the letter from Department of Justice addressed to Mayor Thomas Kelaher, dated April 28, has requested a number of records from the township relating to its zoning laws and  the zoning board's December meeting where Rabbi Moshe Gourarie's request to use his home as a house of worship without a variance was denied.

The Justice Department's inquiry follows on the heels of a federal lawsuit filed in March by Gourarieand the Chabad Jewish Center in the wake of the zoning board's decision, claiming a "rising tide of anti-Semitism" in the community had influenced the board's decision. 

The lawsuit seeks to overturn the December decision of the zoning board, saying it is a violation of Gourarie's civil rights to require a use variance for him to conduct small weekly prayer meetings at his home.

The lawsuit, filed by Roman Storzer of Storzer & Greene of New York, in conjunction with Christopher Costa of Kenny Chase & Costa, accuses Toms River officials of violations of the First Amendment guarantee of free exercise of religion and the 14th Amendment guarantee of equal protection under the law. It also alleges violations of the federal Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and the Fair Housing Act.

The lawsuit also asks the court to overturn the township's zoning regulations.

The area along Church Road is zoned for residential use, and while several churches exist along the road, a 2009 zoning change barred any new ones in the zone. Gourarie's home was purchased by the Chabad in 2011.

"Despite its negligible land use effect on the local community and its existence at this location and another residential home in Toms River for 12 years without any negative impacts, substantial community opposition to both the Chabad’s use and to the ultra-Orthodox Jewish population in general, has targeted the Chabad," attorney Roman Storzer, of Storzer & Greene of New York, said, noting the Chabad, at 2001 Church Road, is adjacent to an American Legion Post, a church, and Ocean County College.

"These recent actions to shut down the Chabad took place during a rising tide of anti-Semitism among the Toms River government and population, fearful that the ultra-Orthodox Jewish community located in adjacent Lakewood Township will extend into Toms River," the complaint says.

The tensions between the Orthodox community and Toms River residents have been growing since last summer, when conflicts between aggressive real estate agents and residents led to the township implementing a five-year ban on real estate soliciting in the North Dover section of the township, which is closest to Lakewood.

A March Bloomberg article last week quoting Kelaher as referring to ultra-Orthodox Jews moving into Toms River as an “invasion” -- which Kelaher said was not his opinion but a recitation of testimony in connection with the real estate soliciting ban -- and incidents of graffiti including the carving of the words “Burn the Jews” into playground equipment at Riverwood Park have only heightened the tensions.

Officials at Congregation B'nai Israel recently approved initiating discussions with the Chabad Jewish Center about relocating the center to the congregation's property on Old Freehold Road, to try to stem some of the conflict. 

(Rabbi Moshe Gourarie speaks during the December Toms River Board of Adjustment hearing. Karen Wall photo)