by Rebecca Rosenthal

CHICAGO, IL — A federal court ruling that denied a Chicago condo resident’s right to hang a mezuzah on her front door incensed a local legislator and surprised area rabbis.

“The mezuzah is a symbol that is as important as an American flag. To me, it’s protected by the first amendment,” retired Alderman Burton F. Natarus told Lubavitch.com. “I may have to heat up the drums” and take action against the ruling.

Court Rules In Favor of Condo’s Right to Remove Mezuzah

by Rebecca Rosenthal

CHICAGO, IL — A federal court ruling that denied a Chicago condo resident’s right to hang a mezuzah on her front door incensed a local legislator and surprised area rabbis.

“The mezuzah is a symbol that is as important as an American flag. To me, it’s protected by the first amendment,” retired Alderman Burton F. Natarus told Lubavitch.com. “I may have to heat up the drums” and take action against the ruling.

In 2005, the Chicago city council unanimously passed an ordinance, introduced by Natarus, protecting all forms of religious symbols on doorways. Forcibly removing symbol, such as a mezuzah, violated the City’s Fair Housing Ordinance and carried a $300-500 fine, according to the legislation.

On Passover Eve in 2006, Illinois Gov. Rod R. Blagojevich signed similar legislation would allow “condo owners [to] freely observe the doctrines of their religion at home, including being able to display objects on their front door,” according to the Governor’s office.

“As far as I knew, hanging a mezuzah was protected,” said Rabbi Baruch Hertz, director of Chabad at Park Place in Chicago’s Lakeview neighborhood.

The decision rendered by the 7th U.S. Circuit Court of Appeals was the latest twist in the saga that began when Shoreline Towers building managers removed resident Lynne Bloch’s front entry way mezuzah, citing condo rules that made hallways displays verboten. Until 2004, the Bloch family’s front doorway mezuzah hung without drawing comment. That changed after building renovations in 2005 and managers removed the Bloch family mezuzah.

Article continued (Lubavitch.com)

9 Comments

  • Mezuza Campaigner

    If just one resident dares hang a wreath around December time and they take it down there will be noise all the way to the Supreme Court, because its a Jewish issue the non Jewish judges over ruled a previous ruling. Maybe they should put the mezuza up within a wreath?

  • A. Lot Moore

    A mezuzah is NOT a religious “symbol”, it is a performance. A hole can be carved in the doorpost, the mezuzah inserted, and then covered and finished as the original surface. Thus, no visible “symbol” remains to offend “appearance” regulations, while the owner has fully conformed with his/her religious obligations. Both the Court and the author got this wrong.

    Get real, people. When a religious obligation can be performed in an uncommon way, acceptable to the outside community yet fully complies with Torah, go a little extra to be within community standards. This goes similarly for the Mikva where the community residents wanted the outside of the building to resemble the residential exteriors of the surrounding houses. Why not?

  • proudJew

    A.LotMoore-this is not communist Russia, this is the US where freedom of religion is protected by the constitution. If someone is ashamed of a Jew having a Jewish religious item on their doorpost, let them go live in a communist or Arab country.

  • Response to A. Lot More

    One can similarly wear a toupe instead of wearing a kippah in a court of law where headcoverings (i.e. baseball caps) are frequently asked to be removed. The courts, in compliance with church/state segregation laws, accomoadate religous observers and will never ask for a kippah to be removed.

    Your suggestion with regard to the mezuzah leads one to think about many of the innovative methods the Marronos used not to offend their neighbors with “appearance” issues (with the threat of a death sentance hanging over their heads of course!)

    We are talking about a 2 to 4 inch attachment to a doorpost for Gods sake!

  • A. Lot Moore

    Some communities and condo’s are really nuts about uniform appearance, in general. If this case was about the managers being anti-religious, evidence to such should have been brought and the ban would have been disallowed. If it was a uniform “post no signs” rule, do your best to conform. No wreaths too. Get along where you can.

    Incidentally, I know a frum lawyer who argued a case in Brittan where they ARE real sticklers about conformity of dress, and he wore a wig in court, A WHITE POWDERED CURLY ONE AT THAT!!!

  • YEHUDIS

    AND THIS TO A LOT MOORE. YOU SEEM TO REALLY AND TRULY HAVE AN AWFUL LOT MORE TO LEARN ABOUT YIDDISHKIET, CHASIDISHKIET, PLAIN OLD SIMPLE MESIRAS NEFESH AND MAYBE JEWISH PRIDE. IF SOMEONE HAS SUCH A HIGH LEVEL OF HATRED FOR SUCH A SIMPLE SIMBOL, LET HIM SUFFER THE CONSEQUENCES. UNFORTUNATELY, I’D BE WILLING TO BET THE BIGGEST COMPLAINERS IN THIS MATTER MUST BE ….. YOU GUESSED IT, JEWS. ALL THE MORE REASON NOT TO BACK DOWN AND SHOW FEAR OR EMBARRASEMENT. I HAVE YET TO SEE A CHINAMAN OR ARAB WHO CHANGES HIS “STRANGE” NAME TO FIT IN WITH AMERICA. YET JEWS WILL MAKE A POINT OF HAVING AN ENGLISH NAME SO THAT THEY DON’T HAVE TO BE EMBARRASED IN THE OUTSIDE WORLD WITH A HEBREW NAME.IT’S TIME WE STAND UP PROUDLY FOR WHO WE ARE, AND THAT IS; HASHEMS CHOSEN PEOPLE

  • Response to A. Lot More wrote:

    IMHO, segregation beteen churt & state is by far a more important issue to battle over (a secualar and religous person should care greatly on where this balance is struck) then a mezuzah in a condo building. The precedent there is that there is a strict divide where this priciple is constantly tested in courts. Still, accomadation to an indiviuals religous beliafs (and his/her *right* to practice religion) are made and for good reason (the law!).

    I will close by repeating:

    We are talking about a 2 to 4 inch attachment to a doorpost for Gods sake!
    Re; the UK Frum Lawyer:

    not sure if he wore it conform to or mock the courts but:

    1)those wigs are customarily worn by judges/lawyers in UK to this present day

    2) This is a huge difference between Amrican and Europeen cultures. Americans very strongly believe in the principle of liberty and the persuit of happiness and defending their constitutional rights while europeens are more concerned with “what will the neighbors” think. Just look at the contreversy in the UK over a politician not wanting to speak to a vieled woman and the shariah laws that are currently being put in place.

    You, my friend, not only have your Jewish ideals confused but have your American ideals confused as well.

  • A. Lot Moore

    Precisely. America believes in Liberty, including the liberty of a PRIVATE condominium association to set up its own meshugah “no signs” rule, provided it is applied in a nondiscriminatory way. This is what the court said.

    As to all those who seem to KNOW that the condo association was just trying to be anti-Semitic, I can only say that that I am not yodah machashovos, as you seem to think you are. It’s a shame that your “knowledge” cannot be admitted in a court of law as evidence, since then the court would then have ruled in favor of the posting of an external, visible mezuzah, as you wish!

    Note, there is a small church in the basement of a two family house on a block in Crown Heights that had displayed a huge cross in the front of the house, which disturbed many of the Jewish residents. When asked to remove it, the sexton responded that there were many shuels here, too. After some thought, the Jews responded, yes, but the signs in the front of the shuels list the names and maybe times of services, but the religious symbols were inside. The sexton removed the cross and replaced it with a sigh announcing the name of the church and inviting people to attend events.

  • meir lichtig

    The lady was burying her husband when they stole her mezuzah. The condo board attacked then, and perhaps should pay.

    The judge who was so anti-Mezuzah would not like that part of his name can only be on his malebox certain moths of the year, and that other months it must say
    Frank Brook, rather than Easterbrook.

    We need to be clear about when religion is accomodated. Example: what if all web sites had to say “SUBMIT” rather than “ADD COMMENT” since there is only ONE A-bove, and we (Jews and Islamics) must SUBMIT.