Judge says rabbi can continue home services

An Orlando rabbi held a celebratory prayer meeting at his house Monday after winning a court battle over neighbors who complained the meetings caused traffic congestion.

The judge ruled last week that Rabbi Joseph Konikov could continue services at his home despite a county policy prohibiting such gatherings.

“My grandfather ran away from communist Russia for doing the exact same thing we were doing, praying in his home. It was chilling,” Konikov said. “But we had faith in our Constitution and in our Torah and the Bible and we know in our country we’re allowed to practice our religions freely.”

In 2002 the Orange County Code Enforcement Board had ordered Konikov to cease holding services at his home after neighbors complained they attracted many cars and traffic to the neighborhood.

Konikov then sued alleging the board was selectively enforcing its code by going after him and not dozens of home-based Christian Bible-study groups, said John Stemberger, Konikov’s attorney.

No one answered the phone at the office of the county’s lawyer, Gary M. Glassman late Monday night.

U.S. Federal District Court Judge John Antoon ruled Friday that the county law “impermissibly targeted religious assemblies” because “a group meeting with the same frequency… would not violate the code, so long as the group does not discuss religion,” the ruling stated.

During the trial a code enforcement officer testified that the board would allow the rabbi to have the same amount of people over for dinner or entertainment purposes, according to court documents.

The county could not point to any incidents where they had tried to monitor nonreligious gatherings of the same number, court documents said.

“The rabbi or any other citizen of the United States should not have to pay money, fill out an application or get permission to assemble peacefully, speak freely, and worship God in their own homes,” Stemberger said.