PORTLAND, ME -– An ultra-Orthodox Jewish leader has been ordered by the city to stop conducting religious services in his Craigie Street home, prompting the Maine Civil Liberties Union to question whether officials are trying to quash religious freedom.
The issue is set to go before the city’s Zoning Board of Appeals on Aug. 21.
Home, not House of Worship
PORTLAND, ME -– An ultra-Orthodox Jewish leader has been ordered by the city to stop conducting religious services in his Craigie Street home, prompting the Maine Civil Liberties Union to question whether officials are trying to quash religious freedom.
The issue is set to go before the city’s Zoning Board of Appeals on Aug. 21.
Rabbi Moshe Wilansky is the leader of Chabad Lubavitch of Maine and the familiar face of the city’s annual public Hanukkah menorah lighting. He has held small Saturday services in his home for about 20 years.
Attorney Marshall Tinkle, who represents Wilansky and spoke on behalf of the rabbi, said this week that Wilansky received a May 22 letter from Zoning Administrator Marge Schmuckel ordering Wilansky to immediately cease using his home for the weekly worship. The letter said there has been “a long standing issue of your residence at 101 Craigie Street being used as a place of worship open to the public.”
Tinkle said the letter was a surprise to his client. According to documents provided by the city, the attorney said, the city’s decision was apparently based on a single telephone complaint to City Hall. City Communications Director Nicole Clegg did not respond to requests for comment this week.
Zachary Heiden, the staff attorney for the Maine Civil Liberties Union, said his organization became involved because the Constitution offers very strong protection of religious liberty.
“If the government wants to restrict that, they better have a very, very good reason,” he said. The MCLU provided a copy of the May 22 letter to The Forecaster, after the city failed to respond to a reporter’s attempts to obtain a copy from City Hall.
According to the letter, the city reasons that places of worship are not allowed in the R-3 zone unless they are on lots of two acres or more (Wilansky’s is 0.187 acres). Tinkle said the city does not define what a place of worship is, and that its findings contained no backing to support the ruling.
The federal Religious Land Use and Institutionalized Persons Act of 2000 prevents municipalities from using zoning regulations to prohibit religious gatherings. Tinkle said the city’s action against Wilansky should be of interest to everybody and especially to anybody of faith, and made parallels between Sabbath services at Wilansky’s home and weekly bible study groups, or Muslim prayer groups.
“It’s like saying a weekly card game turns a house into a casino,” Tinkle said.
On a typical Saturday, Wilansky, his wife Chana, and their 12 children are joined at services by 10 to 15 worshipers, Tinkle said. Orthodox ritual requires that 10 adult men are present. Tinkle said because Orthodox Jews are not allowed to drive on the Sabbath, about half the worshipers walk to the Wilansky home.
“There are no parking or traffic problems on the street,” he said.
Wilansky years ago went before the Planning Board to request permission to build a bigger home near Bancroft Street in the Brighton Corner neighborhood. The proposal called for approval for use of the home as a synagogue and would have been 12,000 square feet. Neighbors raised concerns about drainage issues and some questioned whether the home would be more of a community center than a residence.
The project was tabled by the Planning Board and never came to fruition.
Besides the MCLU, support for Wilansky now is coming from throughout the southern Maine Jewish community, where several e-mails have circulated encouraging people to attend the Aug. 21 ZBA meeting. One religious leader, Rabbi Alice Dubinsky of Congregation Bet Ha’am, the Reform congregation in South Portland, expressed her hope that at least 100 Bet Ha’am families would attend the hearing.
Heiden, of the MCLU, said his organization has been in touch with the city about its ruling, and has sent a memo explaining why the MCLU thinks the action is wrong.
“They so far have declined to back down,” he said Monday.
If the zoning board upholds the city’s decision, Tinkle and Heiden said the matter will go to court.
“We will bring an action to enforce our rights under the Constitution,” Tinkle said.
The ZBA meets Aug. 21 at 6:30 p.m. in City Hall.
Wilansky Fan
Total of act of anti-semitism.
A bunch of old ppl seatin at the windows with nothing better to do then complain.
“Oy was I thirsty”
Fellow Chabdnik
Another Shul about to go down c”v, and on 9 av too.
Rebbe where r u. We need Moshiach.
Wilansky Family, we’re here to support you.
Anyway we can help out, aside from $…
Besuros Tovos, Easy Fast. Moshiach now.
chuni
Yad Chassidim al helyonah.!! We’ve been there..kasher yanu osoi, kein yirbe vchain yifroitz!!
yanki
The Zoning Administartor is living up to his (last)name sake….
Lo hoyu yomim tovim
Look at the support across the board Rabbi Wilansky enjoys . Apparently one person has it in for him . Look what one person can do . Expect and anticipate the publicity to generate funds to actually buy and build a proper facility .
a concerned chassid
Tracht Gut Vet Zain Gut! Don’t back down Show these idiots the article on the $325,000 Judgment in favor of Chabad in one part of Florida & the $3.2 Million dollar Award for Chabad in another similar case elsewhere.There is recent Precedent set Use it & don’t forget who the Meshalaich is.!
RSP
Look what happened in Florida 9 twice!) the city lost AND had to give money to Chabad!
Reb Moshe – this should be a total BROCHO!
Phyllis Leeke
This is a copy of a letter to members of the city council, and Zoning Board of Appeals and the Forecaster
Having known the Wilansky family for several years it astonishes me that anyone would find them offensive or would object to the weekly services in their home.
Numerous mainstream Portland churches advertise Bible study groups, women’s groups and church services in private homes. These are just as much “open to the public” as Rabbi Wilansky’s Sabbath services.
Not all religious groups have enough local members to support a separate house of worship. Frank Zappa said “The only difference between a cult and a church is how much real estate each one owns”. Just because a group is not numerous or rich doesn’t mean they are not legitimate. The right of small groups of people to meet in private homes for religious purposes is a right we all need to guard jealously. Portland has immigrants who are Buddist, Hindu and every variety of Christian. We should support their efforts to worship even if they aren’t rich enough to buy 2 acres and build an edifice.
Every Christian ought to support Rabbi Wilansky- Christianity got its start by meeting in member’s homes.
The Lubavitch Chassidim have a unique viewpoint and a rich and colorful history that adds spice to our city’s religious mix. What I like about living in Portland is that people don’t all look and dress and act alike.
In fact, I suspect there is a cultural prejudice behind this complaint. The Wilansky’s are “different”. They study and pray (instead of watching tv). They have lots of children (just like everyone did in the old days). Their children wear long skirts and long sleeves (instead of showing their navels like the school girls who walk down our street.) They drive old buses instead of BMW’s. They are honest and simple people who mind their own business and worship their God instead of the all-mighty buck.
I think this town could benefit from more people like the Wilansky’s and more groups like the Lubavitch Chassidim. I think whoever complained about the Wilansky family needs to talk to those who live in residential neighborhoods where “ya-hoo’s” party all night and teenagers light up joints on their way home from school.
And speaking of complaints – I know a situation on the West End where it took two years of constant complaining before the city cracked down on a house where open drug dealing was taking place. The city doesn’t take action against landlords about noise and loud parties until after numerous complaints. Who made the decision to jump on Rabbi Wilansky after only one complaint?
willy fan
dont give up hope
just keep on doing what you were doing and you will win!! Bsuros tovos