Second Circuit Rules Utilities Can Allow Eruv Markers
It is not a violation of the First Amendment for a utility to contract with a Jewish religious group to allow it to attach strips of wood or plastic to utility poles to create symbolic boundaries for certain members of the Jewish faith, the Second Circuit ruled yesterday.
January 07, 2015 at 04:06 PM
5 minute read
It is not a violation of the First Amendment for a utility to contract with a Jewish religious group to allow it to attach strips of wood or plastic to utility poles to create symbolic boundaries for certain members of the Jewish faith, the U.S. Court of Appeals for the Second Circuit ruled yesterday.
The Second Circuit upheld the dismissal of a case challenging the attachment of the strips—called lechis—to utility poles to delineate an “eruv,” a defined space that permits certain Jews to push and carry objects and engage in other activities that are otherwise prohibited on the Sabbath and many holidays.
The plaintiffs, the Jewish People for the Betterment of Westhampton Beach, were against the attachment of the lechis proposed by the East End Eruv Association (EEEA), and they claimed that the First Amendment's Establishment Clause prevented Verizon, the Long Island Power Authority (LIPA) and the Town of Westhampton Beach from allowing it.
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