Eruv plans for Orthodox Jews derailed in Jackson

JACKSON - The township's growing Orthodox Jewish community won't be able to construct an eruv after changes to a previously ignored local law.

The township council on Tuesday night unanimously voted to amend an ordinance that completely prohibits any "obstruction" of the right-of-way, the publicly owned lawn between the sidewalk and the street.

Though officials have said it's not related, the move comes just a few months after members of the Orthodox Jewish community asked permission to construct an eruv, a religious boundary made of wire and PVC pipe, using utility poles on the right-of-way.

You can learn more about what eruvs are in the video at the top of the page.

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PREVIOUSLY: Are Orthodox Jewish eruvs illegal in Jackson?

“This is a cry to put aside our differences to put it all together,” said California Avenue resident David Prupas. “We want the same things — a quiet, peaceful neighborhood where we can enjoy raising our families.

"And if there are some differences between us, what an opportunity to learn and appreciate those differences about one another," Prupas said.

Without an eruv, Orthodox Jews are prohibited from carrying anything — including a child — outside the home on the Sabbath or certain holidays. They already exist in Jewish neighborhoods of Lakewood, Deal, Long Branch and the North Dover area of Toms River, as well as most major cities in the United States.

MORE: What is an eruv?

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But they're not always welcomed. An Orthodox Jewish group sued the township of Mahwah after officials threatened to issue summons notices if the group didn't remove eruvs from utility poles.

In Jackson, the township's right-of-way law used to allowed residents to ask permission for "obstructions" on a case-by-case basis. But the changes made on Tuesday night eliminate that process.

The town's Orthodox Jewish community believes the sentence was removed in order to halt the plan for an eruv in its tracks.

“Whoever oversees enforcement can take over issuing the waiver,” said Westlake Court resident Chava Lowy. “The new code doesn’t allow for dialogue or consideration of our religious needs. It takes away our right to request accommodation."

Council members said it was because that permission had to come from the "township committee," the township's old form of government. Upon casting their votes, they each said there was the possibility of addressing the ordinance again to ensure "accommodations" could be made.

"It’s improper lawmaking. Before there can be a conversation on accommodations for anything, we need to get the law into its proper format,” Councilman Rob Nixon said.

Avi Schnall, state director for Orthodox Jewish advocacy group Agudath Israel, said Jackson residents are hopeful that their religious accommodations will be made.

“They are publicly saying that hopefully, at a future date, they can amend the law to accommodate different needs of the community,” Schnall said. “We need to hold the council accountable.”

Over the last two years, tensions have grown in Jackson as its Orthodox Jewish community continues to grow. Discussions about real estate solicitations, a Lakewood-based first aid squad and construction of schools and dormitories have boiled over into hot-button issues, largely at public meetings and on social media.

“I don’t want any one religion or any religion at all to take the right-of-way and decide it’s going to be used for their religious purposes,” said Cathy Court resident Joseph Sullivan. “The idea of putting eruv lines in the right-of-way, crossing over many people’s properties who have many different religious beliefs, it’s not right to infringe on their rights.”

In Toms River, where there are similar tensions between longtime residents and the growing Orthodox Jewish community, officials have already said they won't object to eruv construction.

Jackson officials are already fighting a lawsuit from Orthodox Jewish advocacy nonprofit Agudath Israel, claiming the council discriminated against Orthodox Jews when it passed an ordinance limiting construction of schools and dormitories.

Mike Davis: 732-643-4223; mdavis@gannettnj.com