Group: Eruv Raises Constitutional Concerns

A controversial plan to establish a symbolic Jewish boundary called an eruv in Westhampton Beach needs a governmental proclamation under Jewish law before it can be built, Mark Williams, head of Westhampton’s First Amendment Alliance,  at Thursday night’s village board meeting.

In his speech, Williams made clear that his organization has no objection to an eruv and is instead providing information to the village board and requesting that they inform the federal court of the eruv issue and ask governmental officials, including Suffolk County Executive Steve Levy and the governor, to disclose to the village if they plan to issue a proclamation for an eruv in the area.

He also said that if an eruv proposal is brought before a governmental body, it would raise serious constitutional concerns in regards to the separation of church and state.

“We believe government should accommodate religious practice in appropriate circumstances, and we respect the rights of every religion to advance itself and support the right of all persons to live wherever they choose and practice their religion freely,” he said and added, "Government approval of an eruv would be unconstitutional, as it would violate both the 'establishment clause' and the 'free exercise clause' of the First Amendment."

Quoting from a presentation that was made in 2008 by of the in 2008 to the village board, Williams said that under Jewish Law, a governmental proclamation is necessary in order for an eruv to be recognized, and that the federal court must be notified.

With a firestorm of controversy, Schneir did not pursue his eruv further; however, in 2010, the did by applying to the Long Island Power Authority and Verizon for use of their poles to install thin wires, called liches, that would symbolically represent an eruv that allows Orthodox Jews to carry personal items on the Sabbath.

LIPA and Verizon approved the request; however, the villages of Westhampton Beach and Quogue, along with the Town of Southampton, claimed the poles are within their right of way and the liches can’t be installed unless the East End Eruv Association makes a formal application.

The East End Eruv Association fired back and , which will be heard in court on June 14. The suit claims that the municipalities violated their civil rights.

filed a separate suit that asks the courts to make a determination on the ownership of the poles.

The issue has gained national attention with  spoofing the issue on his show.

The East End Eruv Association did not return calls as of press time and Westhampton Beach Mayor Conrad Teller said he has been instructed by the town’s attorney not to make any comment because of pending litigation.