Both sides see hope in eruv decision

A federal judge has denied a request for a preliminary injunction against three municipalities named in a lawsuit by a group of Orthodox Jews who want to construct an eruv, or symbolic fence, in the Westhampton Beach area.

But Judge Leonard Wexler, United States Court judge for the Eastern District, also left open in his ruling the possibility the East End Eruv Association could apply to create the eruv or redesign it in an effort to have local officials approve it.

The association wants to string wires and place special markers called "lechis" on utility poles to create an area where observant Orthodox Jews could perform tasks ordinarily prohibited on their Sabbath outside of their homes, such as pushing baby carriages and carrying objects.

The issue has roiled the area since 2008, with the association claiming it is the victim of discrimination by officials who want to block the proposal. Westhampton Beach Mayor Conrad Teller Tuesday denied any discrimination was involved, and noted that some Jewish people oppose the proposal because they fear it could change the community's character.

In a ruling Nov. 3, Wexler said in part that the group's motion was premature because it had not yet filed the proper applications with the Town of Southampton and the villages of Westhampton Beach and Quogue.

Attorney Maureen Liccione, who represented Southampton, said she was pleased with the ruling, partly because Wexler confirmed that under the First Amendment the town is not obligated to waive its rules on signs for any religious group.

But association leader Morris Tuchman said he also saw hope in the ruling, which he believes will allow the association to redesign its proposal and keep Southampton Town out of it.

"I would be amazed if somewhere along the way there wasn't an eruv," he said.

The group's pro bono attorney, Robert G. Sugarman, said he was disappointed with the decision but acknowledged that Wexler's 23-page ruling included "some very favorable language."

Anthony Tohill, the attorney for Westhampton Beach, said that while the village is pleased with the ruling, the case is most likely far from over.