Chabad Appeals Dismissal of Discrimination Lawsuit

A local dispute involving religion and the character of the historic town green is likely to continue with the decision by religious group to fight a court order that denies its application to build a synagogue and community center near the green on West Street.

Chabad Lubavitch of Litchfield County has filed notice in federal court that it is appealing a federal judge’s dismissal in February of its lawsuit. The group claimed that it was the victim of religious discrimination when the Borough of Litchfield, the Borough’s Historic District Commission and others denied the application.

The religious group has been fighting for years to expand on property it purchased in 2006 at 85 West Street. Chabad’s property now contains a 140-year old, Victorian brick home. The Victorian, known in town as the Deming House, was rezoned from residential to commercial in 1971.

Chabad has proposed to remodel and add substantially to the home to accommodate what it describes as places of worship, areas for religious education, space for children’s’ preschool and youth activities, libraries for Jewish texts, housing for Rabbi Joseph Eisenbach and his family and a guest apartment.

Litchfield and Chabad disagree about the size of the building project, as well as whether it would fit with the character of other buildings around the green.

Eisenbach said Saturday night he wants build a religious center with a footprint of about 4,700 square feet. Litchfield, in its filings in court, said the project would consist of a total of nearly 20,000 square feet.

Chabad and Eisenbach sued in 2009, charging discrimination and the denial by Litchfield of its religious freedom, among other things, after the borough denied its application to expand the Deming House.

The borough and its historic district commission said the denial was based on their belief that the expansion did not comply with historic district building codes. The National Park Service calls the Litchfield green “probably the finest surviving example of a typical late 18th century New England town.”

U.S. District Judge Janet C. Hall dismissed Chabad’s suit on Feb. 17, ruling that the group had not presented enough evidence to bring the case to trial. Chabad filed notice in federal court late last week that it would appeal Hall’s ruling to the U.S 2nd Circuit Court of Appeals in New York.

Representatives of Litchfield could not be reached Saturday.

The conflict over Chabad’s plans to build near the green has contributed to an occasionally angry local debate about religious expression and historic preservation. Chabad asserted that it was the victim of religious intolerance. Some government figures in Litchfield called his assertion unfair, saying Chabad is welcome to build where ever it wants, as long as the plans comply with local building codes.

Chabad now has weekly religious services nearby in rented space in a small shopping mall, a location that the group has said is inadequate for its needs.