Eruv Proposal Sends Villages Scrambling for Legal Advice

A proposal by the East End Eruv Association to create an Eruv around Westhampton Beach and parts of Southampton Town the the Village of  Quogue  has led local municipalities to seek legal counsel.

The Village of Westhampton Beach has scheduled a meeting with its lawyers this week to discuss the proposal that has many local up in arms.

"We have contacted our attorney to ensure that our rights are protected," said Westhampton Beach Mayor Conrad Teller.

Teller said that while there has been no formal proposal for an Eruv filed with the village, he set up the meeting after learning last month that the East End Eruv Association had sought approval from the Long Island Power Authority and Verizon to use their poles for a symbolic boundary that would create an Eruv for practicing Orthodox Jews.

The Eruv, according to the Jewish Orthodox religion, allows Torah-observant Jews to carry their keys and push strollers on the Sabbath.  

"From my understanding, they need to have government approval for this proposal," said Teller.

This is not the first time Teller has seen a proposal like this. 

A similar proposal was put forth by Rabbi Marc Schneier of the Hampton Synagogue in 2008, but was pulled after the application quickly became a highly divisive issue in the community.

It is unclear if Rabbi Schneier is part of the latest effort.  A woman answering the phone at his synagogue, said it is unlikely he will comment on the situation.

Schneier did not return phone calls as of press time.

However, Arnold Scheiffer, who runs heads up the Jewish People Opposed to Eruv organization, says he believes the Hampton Synagogue is behind the latest Eruv plan.

"This Eruv is for the benefit of the very few. It is an attempt by the synagogue to raise their revenues. It is for their own personal gain," said Scheiffer,

Scheiffer, a Jew, who has lived in Quogue for 34 years and Westhampton Beach for 17 years, said the Eruv will attract Orthodox Jews to the area just as a similar Eruv did in Lawrence, NY.

"Lawrence was once a vibrant community. Now, it is mostly orthodox. Schools have shut down and property values were destroyed," said Scheiffer.

Scheiffer says he has been fighting the idea of an Eruv for years and said he will continue to do so.

"This is a hot button issue and I would say ninety to eight five percent of the community feels the Eruv is uncalled-for," he said.

Like Westhampton Beach officials, the Town of Southampton is poised to get advise from it's lawyers.

According to Francis Zappone, deputy town supervisor, the town attorney's office is working on researching the issue.  Once a determination is made, the legal team will report to the town board with a recommendation.

While Westhampton Beach and Southampton Town officials are working with their lawyers, the Village of Quogue is awaiting response to a letter it set to the Long Island Power Authority, Verizon and the East End Eruv Association after recently meeting with its lawyers.

The letter, said Quogue Mayor Peter Sartorius, stated that while the poles are owned by the Long Island Power Authority and Verizon, they are within the village's right of way.

"They can't put things on the telephone polls without our approval," said Sartorius. "They would have to submit an application to use our right of way."

Sartorius said he did not wish to comment on if he agrees with the proposed Eruv or not, but said, "I think that most people in the village believe that someone can't just come into our village and put things on our polls without approval."

John Bonomo, spokesman for Verizon, said that Verizon officials have not yet reviewed the correspondence from the village.

Based on the legal evidence that the East End Eruv Association's lawyers provided to Verizon, Bonomo said Verizon sent a letter to the villages back in October instructing them the East End Eruv Association does not need permission from the village to use the poles.

"There are numerous Eruvs on our poles around that state," said Bonomo. "We've never encountered a problem before.  We are ready to let them use our poles."

Calls to the Long Island Power Authority and the East End Eruv Association's lawyers, Marvin Tenzer of Tenzer and Lunin, LLP were not returned as of press time.