The Pew Forum on Religion & Public LifeNew York courts that find that an eruv Jewish boundary is not unconstitutional ignore the Supreme Court decision in 2005 that “permanent” religious symbols on public property are barred. Seasonal displays are mostly allowed.

In McCreary County vs. ACLU of Kentucky, the Court found that Kentucky counties had a religious purpose in suddenly posting the Ten Commandments in courthouses when they had not previously been there.

Justice David Souter, writing for the majority, “emphasized the principle of government neutrality among religions, and between religion in general and nonreligious beliefs,” said a description of the decision on Pew.

That principle, wrote Souter, ensures that religion does not ultimately cause political divisiveness and exclusion.

According to Pew, Souter said, “The threats of divisiveness and exclusion are especially acute when government permanently and prominently displays a text that is unquestionably religious.”

Citing this decision, a citizen using the name “Highhatsize” posted on March 18, 2015 on 27east.com that “Lower court decisions permitting construction of eruvim have made an incomprehensible exception to this rule. Neither Christians, Buddhists, Muslims nor Hindus can affix tokens of their religion to utility poles in WHB—only Jews. In this little village, the Establishment Clause (of the Constitution) has been abrogated.”

WHB May Adopt Eruv Thursday, June 2

Westhampton Beach, after fighting erection of an eruv since 2008, is “likely” to do that “after a public hearing on Thursday,” says an article in the May 30 New York Times by staffer Matt Chaban. He joined two years ago from Crain's and specializes in real estate.

The meeting Thursday is the regular monthly public meeting of the five trustees but it is not a “public hearing.” Residents, of which this writer is one, may only speak for five minutes and must address the board. Under New York State rules, the trustees are not required to respond.

Residents including this writer have not been able to obtain a copy of the proposed agreement with the EEEA. It is also not on the WHB website. We faxed a Freedom of Information form to Mayor Maria Moore on Thursday, May 26, asking for the agreement, and hand-delivered one to her office on May 27. There has been no response.

Residents will be in the position Thursday of discussing a complex legal agreement that they have not been able to study in advance. No “town hall” or press conference has ever been called on the proposed eruv by Mayor Moore although one has been sought since last summer.

Eruv “Extremely Offensive”

Arnold Sheiffer, a leader of People for the Betterment of WHB, previously known as Jewish People Opposed to the Eruv, told Chaban in a phone interview from Vero Beach, Fla., that, “As a reform Jew, I find it extremely offensive to create a distinction that this is a Jewish area.” He said the WHB eruv would “create another ghetto” in the Hamptons.

Sheiffer last year called "outrageous" the ruling by Justice Joseph Farneti of New York State Supreme Court that "lechi" markers on utility poles in Southampton would be "invisible" to passersby and therefore would not violate the town's sign laws. "Eruvim are invariably shown on maps on Synagogue websites which is the case with an alleged eruv in Westhampton Beach and are therefore highly visible," said Sheiffer. "Whether I can see the convoluted poles, wires and symbols that make up lechis is irrelevant,' he added.

This reporter is investigating obtaining a court injunction against the trustees voting on Thursday since citizens have not been able to see the proposed agreement in advance.

Deposed Rabbi Schneier Is Quoted; Mayor Moore Absent

Chaban quotes Rabbi Marc Schneier, identifying him as the rabbi at Hampton Synagogue for 26 years, as saying, in a phone interview, “I’m overwhelmed since last summer, when I see these young families who can now come to services with their children or their parents, when they didn’t in the past.”

Chaban does not note that Schneier was removed as the Synagogue’s rabbi earlier this year by the board. A two-page article in the New York Post April 24 was headlined “Randy Rabbi” and noted that he has had five wives and now has a new romantic interest. He was expelled from the American Rabinnical Council last year because he allegedly was with a new romantic interest while still being married to a previous wife.

Others quoted in the story are Jay Schneiderman, SH town supervisor; Marvin Tenzer, a leader of EEEA; Yehudah Buchweitz, of the EEEA law firm, Weil, Gotshal & Manges; Peter Sartorious, mayor of Quogue which recently signed with the EEEA on the promise that EEEA would drop all monetary claims against Quogue, and Brian Sokoloff, outside attorney for WHB.

Conspicuously absent from the article is any quote from WHB Mayor Maria Moore who has never stated either her approval or disapproval of the propose eruv. Her usual remark on the subject is that it is "in litigation" and is not something she could discuss.

However, eruv opponents note the absence of the EEEA agreement on the WHB website and also note that many papers and documents arguing against eruvim in general never made it to the WHB site, which only lists court decisions and legal papers. Ignored were the 34-pages by UCLA Law Professor Alexandra Susman and the 18-page paper by Yeshiva University professor Marci Hamilton arguing that eruvim violate the "Establishment" (of religion) clause of the Constitution.

Citizens have sought for more than a year a "town hall" to be conducted by Moore with no results. Moore also has never had a press conference. She is currently unapposed for re-election June 17 but write-in candidates are allowed.

NYT has not covered Schneier Departure

Chaban says “part of the eruv is already in place” but a search by the Southampton Press published March 18, 2015, failed to find any sign of the required lechi markers on 46 poles that were supposed to have them.

EEEA has said that if it says where any of the markers are they might be taken down. Lack of even one required marker would invalidate the entire eruv.

Weil, Gotshal & Manges, one of the 15 largest law firms in the U.S. with $1.3 billion in fees, is working “pro bono” for the EEEA which has threatened WHB with having to pay “millions” in fees and court costs should it lose the case.

However, lawyers tell us that the likelihood is that WHB would never have to pay anything to the EEEA or its law firm since attempts to collect money from WHB would land the issue back at the Supreme Court which has already ruled against permanent religious displays on public property.

Members of the Synagogue have told this reporter that there is as yet no new rabbi. 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. Morris Tuchman is president.

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

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.

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 two days 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.

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. WHB has never conducted a public opinion poll on the issue.