Eruv boundary, Westhampton BeachMap shows eruv around Westhampton Beach.

The Westhampton Beach board, hoping to take the same deal as Southampton and Quogue, says it will allow an eruv Jewish boundary to avoid possible millions in fees. But a vote by Trustees June 2 is needed.

WHB residents were shocked by publication in court records of the proposed agreement dated May 13. There was no announcement by WHB itself. The village does not have either staff PR or outside PR counsel.

Residents will get a chance to voice their opinion to the WHB Trustees at their meeting June 2. Wording for the agreement has been “worked out” but the wording is not yet publicly available. Some residents are suggesting the meeting be moved from the small trustees meeting room to the high school auditorium.

Trustees of Southampton voted to accept the agreement with the East End Eruv Assn. in the last few moments of the meeting Aug. 25, a move that Arnold Sheiffer of Jewish People for the Betterment of WHB had called “shameful.”

The Southampton proposal was not on the agenda for the meeting and there was no discussion by Trustees or the public. Supervisor Anna Throne-Holst made the motion and it was quickly passed, the 38th and last action of the meeting. It was a “walk-on” motion.

She told the board it was time to “bring an end to what has been a very long and costly piece of litigation that was solely geared to the interpretation of our sign laws.” Some, but not all courts have ruled that since the Jewish markers are hard to see and even "invisible," they are therefore not "signs" and sign laws don't apply to them. Eruvim are visible on Synagogue websites but no court decision has ever mentioned the visibility on the internet.

She said SH would drop its suit in U.S. District Court arguing that an eruv would violate the First Amendment. SH would not have to pay any restitution to the EEEA for lawyer and court fees, a threat that had been made by the EEEA. Fees totally “millions” had been threatened at one point by Marvin Enzer, EEEA president.

Following is from Court Records dated May 13:

Honorable A. Kathleen Tomlinson District Court Magistrate Judge Long Island Federal Courthouse 100 Federal Plaza
Central Islip, New York 11722
767 Fifth Avenue New York, NY 10153-0119 +1 212 310 8000 tel +1 212 310 8007 fax

Robert G. Sugarman
+1 212 310 8184 [email protected]
Re: E. End Eruv Assoc., Inc., et al. v. The Village of Westhampton Beach, et al., 2:11-cv-0213 (E.D.N.Y.) (AKT); Verizon New York, Inc., et al. v. The Village of Westhampton Beach, et al., 11-cv-00252 (E.D.N.Y.) (AKT)

Dear Judge Tomlinson:

On behalf of Plaintiffs East End Eruv Association (“EEEA”), Marvin Tenzer, Morris Tuchman, Clinton Greenbaum, Alan H. Schechter, Carol Schechter, Deborah Pollack, Simcha Pollack, Jeffrey Lean, Alexa Lean (collectively, the “EEEA Action Plaintiffs”), Verizon New York, Inc. (“Verizon”), the Long Island Lighting Company d/b/a LIPA (“LIPA”) and Defendant The Village of Westhampton Beach, the undersigned counsel write to inform the Court of the status of the parties’ potential settlement.

The parties’ counsel have worked out language they expect their clients to approve. The attorney for the Village of Westhampton Beach has indicated he expects the Board of Trustees of the Village to authorize signature at the next public meeting of the Board, which will occur on June 2, 2016.

Respectfully submitted,

WEIL, GOTSHAL & MANGES, LLP
/s/ Robert G. Sugarman
Robert G. Sugarman Yehudah L. Buchweitz Weil, Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10153 Tel: (212) 310-8000

Counsel for Plaintiffs East End Eruv Association