southampton“Stealth” passage of a measure allowing an eruv in Westhampton Beach, aided by collusive media, looms June 2 unless citizens become aroused.

New York Times, after nearly 3.5 years of “benign neglect” of the story, has assigned staffer Matt Chaban. who joined NYT two years ago, to write about the proposed Jewish boundary but nothing has appeared so far. We talked to Chaban on the phone but when we tried to tell him about essays by law professors declaring eruvim unconstitutional and provide other information, he hung up. He has told us he will not deal with us again.

Southampton’s passage of an eruv deal last Aug. 25 was branded as “shameful” by Jewish People for the Betterment of WHB because it came as the last of 38 motions before the SH Council that night, was a “walk-on” not on the agenda, and was passed with no discussion. Townspeople never got to say one word about it.

Two of the main participants in the action, SH Supervisor Anna Throne-Holst and Town Attorney Tiffany Scarlato, are now gone from SH government. Throne-Holst’s tour ended Dec. 31 and Scarlato resigned in early January. Jay Schneiderman was elected as the new supervisor. James Burke is the new Town Attorney.

A similar trick is being pulled in WHB. Mayor Maria Moore has announced an intention to have a vote on an agreement at the board meeting June 2 but will not, as of this report, provide the wording of the agreement.

Agreement Probably Similar to SH Deal

It will no doubt be similar to the agreement signed by SH.

Lawyers say such an agreement would be hard, but not impossible to break. It would give EEEA, Verizon and Long Island Light essentially carte blanche to put whatever they want on all the utility poles in Westhampton Beach in perpetuity.

“This agreement handcuffs WHB going forward,” a lawyer told us. WHB should push for arbitration if there is any dispute on the placement of religious symbols, the lawyer said. WHB could also “handcuff” the EEEA by forbidding any litigation on this issue, said the lawyer, even in the event of a breach by WHB.

Residents need to go over every word of the proposed agreement but thus far are being denied this although there is just over one week left before the vote on it.

Helping to keep the public in the dark is local media. The Southampton Press has editorialized in favor of the eruv, saying it is “invisible.” NYT has long neglected the story and now assigns recently arrived reporter Chaban who specializes in real estate. Newsday has had virtually no stories on it and Patch, the local news service, completely avoids the issue. Dan’s Papers, the biggest weekly on Long Island, mostly avoids it.

A new element is that Rabbi Marc Schneier of the Hampton Synagogue, who spearheaded the drive for an eruv in WHB, was dismissed by the Synagogue earlier this year. A new Rabbi could decide that the ill will being generated by the eruv battle outweighs any benefit and could call off the move. Power at the Synagogue reportedly is in the hands of five men who are the owners.

Suggested “Town Hall” Never took Place

Moore, responding to nearly 25 minutes of complaints by residents about failure to communicate about the eruv battle, on Aug. 6, 2015 said, “Perhaps it would be more helpful to the community to hear it at a meeting, to have an update to the extent possible.” No such meeting ever took place.A new administration could be voted in June 17. Mayor Moore was only elected by 97 votes, 284 to 187 for Conrad Teller, in June 2014.

Rob Rubio garnered 240 votes and Brian Tymann garnered 248 votes in winning election last year on a “no eruv” platform. It would only take a few more such votes to defeat Mayor Moore’s candidacy.

Moore Dropped “Twin Police Chiefs”

About 60 residents filled the meeting room Feb. 5, 2015 and got the Moore administration to back down from its proposal to have a police commissioner in addition to Chief Trevor Gonce who would get as much as 5% more than Gonce. Total package would be around $350,000 when there are only about ten full-time police in WHB. Southampton for many years has proposed taking over administration of the WHB police dept. and saving money.

A program by Governor Cuomo urges small municipal depts. to merge with larger ones and save costs.

27east.com said the administration received “an unprecedented amount of backlash” at the twin chiefs proposal and voted it down at a work session Feb. 12. The Trustees listened to the people and they should again on the eruv issue since 95% of residents want no such designation, according to Mayor Teller. No one has ever contradicted him.

The O’Dwyer website covered this Feb. 16, 2015 and 27east.com covered it Feb. 17.

Letters to the editor show the heat generated by the twin chiefs proposal.

“Why not simply get ride of the 10-officer police dept. and use the money saved to reduce taxes?” asked one letter. The writer noted the small number of arrests and asked for “accountability.”

“Why would a tiny rinky dink dept. like WHB need a commissioner?” asked another letter. “They are glorified night watchmen, not real cops!”

Another writer, noting no one can find the lechi markers for the Jewish boundary, said “Let’s get the WHB police on this immediately—’The case of the missing lechis!’ Wait, they just referred the case to the Suffolk County Police...that was a close call, a Village police officer might have had to look up at a few telephone poles. It’s a dangerous assignment, might have gotten a crimp in their neck from looking up and had to go on 100% disability pay for the next 60 years.”

A copy of the agreement with SH has been obtained in which SH agrees that the lechi markers attached to utility poles are “not signs” and that the “erection of the eruv is not an unconstitutional establishment of religion under the First Amendment.”

Opponents of eruvim, which include about 95% of WHB residents according to previous Mayor Teller, say both statements are false.

Lechis cannot only be seen by someone who looks closely at utility poles, but the eruv of the Hampton Synagogue in WHB is depicted in color and detail on the Synagogue’s website as are eruvim throughout the U.S.

Residents say it’s common sense that placing religious symbols permanently on utility poles is a violation of the First Amendment and cite legal opinions by law professors Alexandra Susman of UCLA Law School and Marci Hamilton of Yeshiva University that support that view.

Indicating the sentiment of WHB residents is that they elected two new trustees last June 19 on the promise they would never sign an agreement allowing an eruv—Brian Tymann and Rob Rubio.

In previous years, four trustees who won election had openly opposed allowing an eruv in WHB—Hank Tucker, Joan Levan, Sue Farrell and Toni-Jo Birk. Their quotes are in a legal filing of the EEEA.

WHB Could not Challenge Verizon, LIPA

Under terms in the proposed agreement, WHB could never challenge “Verizon and LIPA’S authority to enter into contracts with EEEA permitting attachment of lechis to utility poles. Defendants likewise agree not to contest or otherwise challenge the June 16, 2014 ruling of the U.S. District Court for the Eastern District of New York, including, without limitation, that the Transportation Corporations Law and the LIPA Act provide sufficient authority for Verizon and LIPA to enter into private contracts for the use of their utility poles, unrelated to the provision of electric or telephone services.”

WHB would also agree “not to adopt any ordinance or resolution prohibiting the attachment, existence, restoration, maintenance, repair or placement of lechis pursuant to EEEA’s licenses with Verizon or LIPA, or Plaintiff’s successor entities or replacement entities and managers.”