Town Modifies Definition for Houses of Worship

FREEHOLD, NJ — The Township Committee recently adopted changes to the municipality’s land use code to modify the words “church” and “churches” and the phrase “places of worship” to read houses of worship.”

The change stems from an ongoing legal case involving Rabbi Avraham Bernstein, a member of Chabad Lubavitch, a worldwide Jewish organization headquartered in Brooklyn, N.Y., who has lived on Stillwells Corner Road directly across from the municipal building since 1998.

Bernstein filed a lawsuit against the town after being issued a notice from the zoning officer which stated that he was in violation of municipal land use law by conducting a house of worship in his home. Complaints against Bernstein concerning religious activities in his home started in 1999.

A civil rights lawsuit was filed by Bernstein against Freehold Township in federal district court several months ago, accusing the township of setting up a camera in the window of town hall and pointing it at Bernstein’s home.

Attorney Gerald A. Marks, who represents Bernstein, claims the township is violating the free exercise clause of the U.S. Constitution, the New Jersey State Constitution, and the Religious Land Use Institutionalized Persons Act of 2000. He said the change in wording in the municipal ordinance has “constitutional defects.”

“The township has the tools already in place to control a nuisance,” said Marks, who spoke before the committee when the ordinance was considered in late September. “We needn’t go into the area of zoning, which is butting heads with freedom to exercise religious beliefs. What you are considering tonight is on thin ice or a slippery slope. Whatever you seek to stop, you already have the police power to stop.”

Marks said parts of the ordinance are written in vague terms.

According to the Township Committee, the amendment to the ordinance is “to permit the free expression of faith in all circumstances where it will not be deleterious to the character of the zone district in which such expression is taking place and will not interfere with the rights of quiet repose of property occupants in the vicinity.”

A house of worship is defined in the ordinance as “any structure or building that is used as the regular site for traditional services, meetings and/or gatherings of an organized religious body or community, which services, meetings and or gatherings are presided over by the ordained or otherwise officially recognized leader of that body or community. Exempted are incidental, temporary or sporadic meetings attended by a small number of persons such that the character of the zone district in which it is located is not comprised for occupants of properties in that area.”

Resident Perry Schwartz asked Township Attorney Duane O. Davison, “What is the definition of the words you are using? That leaves holes large enough to drive a truck through.”

Resident Howard Bernstein said, “How much money is this township willing to spend to fight this?”