Chabad is given new offer

Hollywood, FL – Hollywood commissioners offered a last-ditch offer Thursday to settle a religious discrimination case with an Orthodox synagogue.

As with a settlement proposed earlier this week, the new offer calls for the city to pay $2 million to the Hollywood Community Synagogue Chabad Lubavitch, while the synagogue would be able to continue to remain in two homes in a residential neighborhood.

But compared to the previous proposal, the new offer would place stricter limits on the synagogue’s right to expand in its current site without seeking city approval.

The congregation could expand into no more than three additional lots in the neighborhood without seeking city approval.

And the group could only purchase one lot in the first three years, which would have to adjoin the current houses and be used for parking.

In return, Chabad and the U.S. Justice Department would drop lawsuits against the city and Commissioner Sal Oliveri.

The case started in 2001 after neighbors complained about noise and illegally parked cars at the two homes at 2215 and 2221 N. 46th Ave. The city tried to make the congregation leave, citing zoning rules. Lawsuits followed, with the synagogue and the U.S. Justice Department claiming discrimination and harassment.

Synagogue neighbors at Thursday’s public mediation session were extremely upset after the city opted not to take the issue to trial.

”Who wants to live next to a parking lot?” yelled Lisa Self, who lives behind the synagogue. “This city has failed its citizens.”

But even if Chabad and the city sign the proposed settlement, hope remains for neighbors. Chabad also is negotiating with Temple Sinai a few blocks away. Chabad has submitted a proposal to buy a portion of the temple’s property and create a joint campus, moving their congregation out of the residential homes.

”We told them we weren’t going to shut the door, but we haven’t communicated if we were interested one way or the other,” said Fred Hochsztein, president of Temple Sinai.

Commissioners and Chabad leader Rabbi Joseph Korf met face-to-face for six hours Thursday, much of which was spent arguing. But in the end, commissioners voted 5-1 to offer a new settlement deal. Mayor Mara Giulianti voted against the proposal.

For the second meeting in a row, Oliveri declined to attend, citing conflict of interest concerns. Commissioner Fran Russo left the meeting early, but voted by phone despite missing the final two hours of negotiations.

Chabad attorney Franklin Zemel said he expected to have a decision on the offer in the next two days.

”I’m cautiously optimistic. I think it was an excellent meeting and an excellent effort,” he said. “It helped to sit down face to face and talk calmly to see what their issues were and express what ours were.”

If the two sides don’t agree, the city will be forced to defend itself in federal court on Monday. If the city is found to have discriminated, taxpayers could be on the hook to pay a larger damage claim. Chabad has asked for as much as $5.5 million.

U.S. District judge Joan Lenard ruled earlier this week that the city’s zoning rules governing when houses of worship can open in single-family districts are unconstitutional. She also said Chabad could stay at the houses permanently and was entitled to damages. But she never mentioned rules for expansion.

Giulianti had offered to give Chabad $3 million and help with a move to Temple Sinai, but the city’s insurance company said that $2 million is their highest offer.

Korf said his group is unsure if it will ever expand in the neighborhood, but did not want to be ”boxed” into only buying properties next to the synagogue. He thinks homeowners would jack up the price for their property.

Giulianti said the current deal is not fair to neighbors, who by city rules have a right to give input on how neighboring properties are used.

”It’s growth at the cost of the people who live nearby,” the mayor said.