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Chabad of Lichtfield Loses Discrimination Case

Register-Citizen

Chabad of Lichtfield County, CT.

A lawsuit by a Jewish group claiming town officials discriminated against it in Nazi-style fashion for denying plans to greatly expand a historic building for use as a synagogue and community center has been dismissed in U.S. District Court.

As the Borough of Litchfield—a sub-layer of town government—celebrated victory in the longstanding case that divided the community, the possibility of an appeal was raised by Rabbi Joseph I. Eisenbach, head of the group Chabad Lubavitch of Northwest Connecticut.

In an e-mail, Rabbi Eisenbach said, “Our hopes for being able to build our FULL synagogue, has met a little bump in the road.”

“Our counsel and board are reviewing the legal documents, and deciding our next step,” the rabbi added. “Chabad philosophy teaches us that the darkest moment of the night comes right before dawn.”

The darkest moment for Chabad was the brightest for Litchfield Borough officials, who always argued that the Historic District Commission’s decision to deny the expansion of a building on West Street in the town center was never anything but a carefully reasoned land-use decision.

“We’re all very pleased that it seems to have worked out,” said Joseph Montebello, the current chairman of the Historic District Commission.

“After examining all the evidence which the Chabad could produce, the court found that the Chabad’s lawyers failed ‘to raise a material issue of fact with regard to its conspiracy claim,’” said James Stedronsky, the attorney for the Litchfield Borough. In other words, there were no facts to present to a jury. The judge simply threw the whole case out.”

“There was never any good faith basis for suing the individuals,” Stedronsky added of some officials who were named personally in Chabad’s lawsuit, whom he also represented. “Everything Rabbi Eisenbach and his Chabad asked for could have been ordered from the Borough and HDC. It came down to raw intimidation. The Rabbi and his attorneys should be ashamed of putting these municipal volunteers through the ordeal of a baseless lawsuit.”

Stedronsky is apparently referring to an offer the Historic District Commission made to Chabad as the Jewish group’s application was being reviewed and headed for the denial in 2007

Chabad had proposed a project that would have increased a building of slightly more than 2,500 square feet to more than 20,000 square feet. In denying a certificate of appropriateness for the plans, the Historic District Commission cited the scope and scale of the project as being too invasive and out of character with other buildings in the heart of the tourist-destination town. However, the commission indicated that it would look favorably on a plan that essentially doubled the size of the existing building, once home to a sporting goods store.

The court’s decision, dated Feb. 17, granted the Borough’s motion for summary judgment, while denying Chabad’s motion for partial summary judgment.

Kenneth Slater of Halloran & Sage LLP in Hartford, the attorney representing by Chabad Lubavitch of Litchfield County Inc., could not immediately be reached for comment Tuesday morning after the court decision was made public.

Chabad’s lawsuit, filed in 2009, challenged the right of the Historic District Commission to deny Chabad’s plans by summoning the protections afford by the federal Religious Land Use and Institutionalized Persons Act (RLUIPA).

Chabad saw the December 2007 denial as an example of religious discrimination, and in its lawsuit it cited the horrors of the Holocaust, specifically raising the specter of the actions of the Nazis in Germany.

On the issue of land-use precedent in the Litchfield Borough—a square-mile historic district—Chabad gave examples of other buildings in the that have been greatly expanded, including the original structure that is part of Oliver Wolcott Library on South Street.

Earlier in the case, there were indications that Chabad’s arguments had some momentum, or at least were getting careful consideration.

In denying a Borough motion to dismiss the suit, Judge Janet C. Hall said in a July 2010 ruling, “Several statements were made in what appear to be meetings of the HDC that may contain evidence of discrimination directed against Jewish people in general and the Chabad in particular.”

The plaintiffs claimed that the actions of the defendants in blocking Chabad’s plans not only represent violations of the Jewish group’s civil rights but also violate RLUIPA directly and state statutes.

In April of 2010, the plaintiffs filed a third amended complaint, and the defendants asked the court to strike certain portions of the complaint, according to court documents.

In the amended complaint, the plaintiffs added two sections which the defendants object to. The plaintiffs include a brief description of the history of the discrimination against Jewish people and the need for places of worship for Orthodox Jews. Some of the description is limited to the discrimination experienced by Jews in the United States and in recent history, but the plaintiffs also include a brief description of the Holocaust and the Nazis’ attempt to exterminate the Jewish population.

In arguing that is simply made an appropriate land-use decision, the Historic District Commission has said the plan would overwhelm the town’s historic district. And it stressed that it proposed the compromise to allow a doubling of the original square footage of the building to 5,000 square feet—the compromise that was rejected.

The officials who were named individually in the suit were historic commission members Wendy Kuhne, Glenn Hillman and Kathleen Crawford.

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23 Comments

  • no one special

    Using “nazi-style” cheapens The Holocaust & cheapens the Jews using, or allowing these words to be used.

  • Compromise

    Rabbi Eisenbach is a fine man with a big heart. I wonder however, if he would have been better served if he had countered the offer of the zoning commission (of allowing a 5,00 SQ FT building) with a proposal to build a 10,000 SQ FT building. Sure, it would have been half of what Chabad of Litchfield asked for, but it would have been a good political move, and allowed for at some point the hope if they required it, for further expansion.

  • Holocaust Reference Very Disturbing

    I am very surprised that they would invoke the Holocaust and Nazis to prove their point. It cheapens the Holocaust, humanizes the Nazis, and above all is so not keeping in with the tone and style of the Rebbe.

    I would not be surprised if the judge felt the same way and threw it the case out directly as a result of the Holocaust comparison.

    Quite surprising

  • proud Shliach

    As a Shlicha that uses the lawyer Mr. Nelson this is his basic verbiage. Nothing to do with the Shluchim, it is his legal txt.

    The brilliant comments above reflect the total lack of knowledge and understanding what Shluchim who live in ALL WHITE WASP communities endure.

    Ashranu! Kudos to Rabbi Eisenbach, may he merit Didan Notzcah!

  • rebbes Shliach in FL

    As a Bochur that spent two years while on shlichus in New haven @ Rabbi E with his rebetzin, I pray that thi turns out to be a great successs for them. I have yet to see meiras nefesh for the one jew, as they have!

    And fine scootch too!

  • Not Impressed

    Now let them try to set up a Menorah or hold an event on city property, they are going to be asking for permits from a city that they sued….

  • Stewart

    As a child of Holocaust survivors, I find the plaintiffs’ comparing their plight to that of Shoah victims reprehensible. Beyond that, whatever good will that existed in this small community is now extinguished by the childish behavior of the Rabbi and his legal counsel. For those who doubt the judge’s decision, come up and visit Litchfield. An expansion of any building to 20,000 sq ft would be unacceptable for any reason. For shame!!!

  • I live in a WHITE WASP neighborhood....

    …and you get more with honey, than with stings.

    Using Holocaust terminology has no place and has obviously shown itself to be counterproductive.

    Be smart.

  • J

    Almost every Chabad House go through the same issues the town and/or the community fight the expansion and with Hashems help the Chabad Houses succeed Rabbi Eisanbach should be blessed that he should get permits for a 30,000 SQ building or even bigger

  • Anon

    If outsiders have to respect the customs of places like KJ, etc., then it needs to be reciprocated. You can’t just set up shop somewhere and expect everyone to kowtow then throw around Holocaust imagery when you don’t get your way.

    6, If you don’t like WASP communities, then stay out of them. Nobody is forcing any Yidden to move there. You choose to make your life harder, that’s not anybody else’s problem but yours.

  • Esther

    This is a zoning issue.
    It isn’t genocide.
    The town of Litchfield has not banned synagogues from its city limits. It hasn’t expelled anyone. It has a historic district. The city’s residents value this. A committee is in charge of maintaining the historic character of the historic district. Expanding a historic building to ten times its original size doesn’t help a community preserve its historic district. The committee was willing to negotiate. This the only issue at hand. Similar zoning concerns force fast food restaurants to adhere to specific architectural styles in some cities and this isn’t considered a violent act of racism.
    I’m sure the residents of Litchfield are baffled as to why they are being equated with mass murderers. Please don’t think for a moment that these are not incredibly hurtful and insulting accusations that should NEVER be thrown around lightly. Which is to say nothing about how these accusations belittle everyone who actually suffered or died during the Holocaust.
    It is no doubt incredibly challenging to be a Shliach. And developing an understanding of the foreign culture that surrounds you is never an easy task. But the first step is to offer others the same level of respect you expect to receive in return.

  • Boich Sevorahs

    I am amazed at the (lack of) knowledge of the issue, i it went on their website & found this: http://www.the85W.org I am amazed the aclu & adl all were for chabad, & the BIG lawyers & philosophers of crownheights.info disagree.

    I wonder what Dovid Mendelbaum or Kuti Rapp think?

  • A goyisheh kup

    It looks like the town GENTILE lawyer is on this site look at # 9 “come up and visit Litchfield” he is most probably #9, 12 & 13

  • Stewart, neither gentile or a lawyer

    #15:
    Du bist a richtige goyishe kup. Ich bin nisht a goy odr an advocate. Ich zucht di ganza emes. Du bist an narishn yid!

  • Throwing Verbal Stones...

    …at those who disagree with you is cheap.

    This is not boich svores. We also have a Chabad in a waspy and historical area. Using a hammer to swat a fly is stupid. Using Nazi terminology has no place. Lots of Chabad houses have issues with zoning. Not everything is anti-Semitism. Whatever battles you fight, remember you are using the Rebbe’s name so fight with class and don’t disrespect the people by calling them Nazis. Its stupid.

  • Hamavin Vehayavin

    This court case has already affected at least one other Chabad House in Connecticut, where in whispers Chabad was even being compared to Islamists.

    To #14 – It is so unbelievable – why do you not post where the ACLU signed on to papers comparing this to Nazism?

  • they know how to do things?!.....

    This completely fits with how they do things.
    They shove their weight around, and push through what they think is “what the Rebbe wants”!? Meanwhile, they invoke idiotic statements – that have nothing to do with nothing, but they think it does, so that’s all that matters.
    They disregard rules, laws, ordinances, etc. They are doing the same thing in Westport, they are doing the same thing in other communities all throughout CT.
    They have been getting free rides long enough – it’s pay-up time.
    You can T-off some of the people, some of of the time. But not all the people – all the time!
    P.S. Don’t even think of using those stupid senators and congressmen to intimidate those who don’t agree with you – because the Senate Ethics Committee has already been alerted to these tactics.

  • Wow look what I found from December 2007

    “I was away, out of the country with my grandfather, a Holocaust survivor,” he said. “To spend the holiday with my grandfather, who lost his entire family in that terrible time, and to see this being associated with our plans and our issues was awful.

    ”I find the Nazi blog to be extremely distasteful to say the least,“ he continued. ”How can anyone reduce this situation to such hateful and lowly terms?”

    http://cooljustice.blogspot…