Synagogue Might take on Cooper City again over Zoning Laws

COOPER CITY, FL — Cooper City may be flirting with yet another federal lawsuit centering on religious freedom.

That’s according to the attorneys representing Chabad of Nova and Rabbi Shmuel Posner, who still is waiting for Cooper City to change the zoning laws that got his Orthodox synagogue kicked out of town two years ago.

Posner eventually hopes to reopen his Chabad Outreach Center at the Timberlake shopping plaza in Cooper City. But he may not get the chance if commissioners approve a new zoning law that caps at three the number of community assembly uses allowed at a shopping center, said Franklin Zemel, the attorney who represents Posner. That’s because there are already three “community assembly” businesses at Timberlake, including a music school, martial arts school and yoga studio.

Commissioners tentatively approved the new zoning ordinance on May 27, and will vote on it again on Tuesday.

“Here we go again,” said Zemel, who plans to file another federal lawsuit if the commission approves the new law. “This is so bizarre. The First Amendment means nothing in Cooper City.”

Two years ago, the Chabad Outreach Center had to leave Timberlake because city zoning laws did not allow religious institutions in business districts. Posner filed a federal lawsuit in May 2007 accusing Cooper City of discriminating against houses of worship.

City leaders have said the zoning was put in place to maintain the integrity of the commercial plazas so that tenants are compatible and parking is adequate.

In January, U.S. District Judge Cecilia Altonaga ruled Cooper City cannot ban religious institutions from its business districts. With nine other counts pending, the case is headed to trial in August.

Altonaga agreed with the Chabad that the city violated the Religious Land Use and Institutionalized Persons Act, passed by Congress in 2000 to ensure religious institutions are treated on equal terms.

Mayor Debby Eisinger declined to comment on Friday, citing Posner’s pending lawsuit. City Attorney David Wolpin and attorney Michael Burke, who is representing Cooper City in the Chabad case, could not be reached for comment.

Commissioner John Sims said Cooper City’s elected leaders are simply trying to comply with a court order.

“We had to update our ordinance,” Sims said, because it “neglected to allow religious assembly in certain parts of town and that’s what got us in trouble.”

Sims said the city has a right to limit the number of religious institutions allowed in one shopping center.

“You can’t have 10 Chabads in one center,” he said.

Posner has moved his outreach center to 8276 Griffin Road in Davie, but said he eventually will have to move because the plaza is not offering long-term leases.

Zemel said he will continue to sue on Posner’s behalf until he gets the city’s attention.

Zemel represented Chabad Lubavitch in its fight to operate a synagogue in two homes in Hollywood Hills. After years of legal wrangling, that synagogue received $2 million in a settlement with Hollywood in 2006.