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City of Miami Beach agrees to pay $1.3 million to settle Jewish congregation’s discrimination claims

(JTA) — The city of Miami Beach has agreed to pay $1.3 million to a small Orthodox synagogue that accused it of discrimination by sending inspectors more than once a week on average for two years

At the same time, Congregation Bais Yeshaya D’Kerestir agreed to make changes to its parking and noise practices.

The agreement brings to a close an extended dispute over whether the congregation, which meets in a single-family home owned by its rabbi, Arie Wohl, was a religious institution or a private gathering.

The congregation argued that because its services are invitation-only, the building’s use is similar to that of any other private home and so should not be subject to scrutiny by city inspectors. It sued in April 2022, claiming that city officials had visited more than 126 times over the course of two years to enforce various city laws, including 60 times to enforce pandemic restrictions on large gatherings. (Orthodox services require a minyan, or quorum of at least 10 men, in order to recite certain prayers.)

The congregation also claimed that the city installed a video camera in 2021 that surveilled only its property, not neighboring buildings. Miami Beach was “wrongfully discriminating against Plaintiffs’ First Amendment protected rights of religious exercise and assembly through discriminatory and arbitrary enforcement of the City’s zoning ordinances,” the congregation alleged in a court complaint.

The city issued repeated code violations because it said a religious institution was operating in a residential building. The congregation is “not engaging in private prayer, but, rather, the entity is operating a religious institution in violation of the City’s zoning laws,” the city said in a court filing.

The city said neighbors of the congregation filed multiple complaints against the property related to building code issues. And it said that inspections of the property to ensure compliance with pandemic restrictions were conducted remotely by driving by, not visiting.

“We respectfully disagree with the premise that the city discriminates against any person or religion, simply because the city enforces the city code,” City Attorney Rafael Paz told Axios in January.

But ultimately, to avoid a longer fight in court, the city agreed to settle, agreeing to pay the congregation $1.3 million — $100,000 more than the buyer on behalf of the congregation paid in 2020.

The home is located just blocks from one of Miami Beach’s multiple waterways and within walking distance of multiple other synagogues and Jewish institutions and businesses. About 20,000 Jews live in Miami Beach, down from 34,000 in 1994, according to a study from the University of Miami, and roughly 18% of the city’s current population is Jewish.

Under the terms of the settlement, according to the Miami Herald, the synagogue must improve the condition of its driveway, will not use outdoor speakers for prayer activities, and will also limit the number of cars parked in the area outside the property. The city and the congregation have also agreed to a new process to address future code violations, and the congregation has agreed to not apply for a religious tax exemption at the property.

“Even if we had gone to trial and won, it wouldn’t have felt like we had won anything,” Miami Beach Mayor Dan Gelber told The Miami Herald. “Ultimately, we do support the celebration of faith in our community.”

Congregation Bais Yeshaya D’Kerestir is far from the only synagogue to get entangled in local zoning issues. University Heights, Ohio, recently fought a court battle over compliance with a congregation called the Alexander Shul, which was settled in December with the synagogue paying $1.59 million. As part of that agreement, the city and the synagogue will construct a new synagogue that meets the state building code.

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The post City of Miami Beach agrees to pay $1.3 million to settle Jewish congregation’s discrimination claims appeared first on Jewish Telegraphic Agency.

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How Jim Bakker sent a rabbi’s son to 52 churches

Jim Bakker convinced me to go to church.

Bakker died Monday at 86. For a stretch in the 1980s he and his wife, Tammy Faye, were on television every day, praying, singing and weeping, her in waterproof mascara, in front of as many as 13 million people. Then came the sex scandal, the hush money and the fraud trial.

And yet, he became my gateway into Christianity.

I’m an Orthodox rabbi’s son who grew up in the Bible Belt, which made me a spiritual window-shopper. My bedroom window looked out across the street at Cokesbury Methodist Church. Every Sunday morning, I watched the families climb out of their minivans in khakis and pastels, smiling like people who had never once wondered whether turning on a light switch counted as work on Shabbat.

We didn’t have cable. Regular TV in our house was already a negotiation, and a channel devoted to Jesus wasn’t even up for discussion.

Then I went off to college, moved out on my own, and one of my first acts of rebellion was ordering basic cable. I flipped on the Cartoon Network, a channel that showed animated classics around the clock, and wondered if this was what the Messianic age felt like.

On Sunday mornings, on channel after channel, I stumbled across pastors preaching to their congregations. What hooked me wasn’t the theology; the sermons seemed more like self-help seminars. It was the production. Where I came from, worship was a closed-door affair, in Hebrew, for members only. Here it was a show, with a band and cameras.

The format Bakker perfected inspired others: the tears, the house band, the host who knew exactly where the camera was. I couldn’t look away.

Heaven, with a gift shop

Bakker was born in Michigan in 1940 into a Pentecostal family, and he met Tammy Faye at Bible college. They married in 1961, after three dates, which, as a rabbi’s son who spent years in the dating trenches, I find both reckless and enviable. They drifted into television through Pat Robertson’s network, where they hosted a children’s show, and in 1976 they started their own ministry: PTL, short for Praise the Lord. At its peak, PTL drew as many as 13 million viewers a day and took in more than $100 million a year. Critics said PTL stood for “Pass the Loot.”

On 2,500 acres in Fort Mill, South Carolina, the Bakkers built Heritage USA, a Christian theme park with a hotel, water slides, skating and Bible study. They sold shares in it and offered lifetime vacations there to donors.

I’ll confess: I was jealous. Christians had a place you went to bring your family closer to God, with a gift shop and cotton candy. We had the Catskills and a very long buffet. I took this about as well as a kid whose neighbors have a swimming pool.

Then it all fell apart. In 1987 came the revelation of Bakker’s encounter with a church secretary, Jessica Hahn, and the $265,000 paid to keep it quiet. Fellow preachers lined up to condemn him, Jerry Falwell took over the ministry, and a federal inquiry followed. He was convicted of fraud in 1989 and sentenced to 45 years. He served five. Tammy Faye divorced him while he was in prison.

Bakker left prison in 1994, chastened. In a 1996 book called I Was Wrong, he wrote that Jesus had nothing good to say about money, a lesson he learned, as so many of us do, only after losing the water park. In 2003 he resurfaced in Branson, Missouri, hosting a new show from a café and selling viewers buckets of emergency food for the end of days.

The Jew on the Jumbotron

Soon, I had a plan of my own. I would spend a year going to 52 churches over 52 Sundays. Jewish tradition teaches that it’s verboten to go to church, especially during services. I planned to go  as a journalistic endeavor and write a book about the experience.

Yet, I was still riddled with the guilt of my ancestors, so I went to my synagogue’s rabbi and asked his permission. To my surprise, he granted it on two conditions: I had to wear my press badge, so worshippers knew I was there to take notes and not to take part in prayer. The second condition was that I had to wear a yarmulke. People needed to know I was Jewish, the rabbi said. As if being short, bespectacled and named Benyamin Cohen didn’t already give that away.

Jim Bakker had put church on television. I was going to find out what happened when you stepped through the screen.

My wife, Elizabeth, a Christian minister’s daughter who had converted to Judaism, was still dripping wet from the mikvah and not exactly thrilled that her husband was going to spend a year in churches. She pointed out that I was about to become the first Orthodox Jew in history to qualify for a church loyalty card.

I started in the deep end, at New Birth Missionary Baptist Church, one of the country’s largest megachurches, home to 15,000 people on a typical Sunday. The sanctuary looked like a sports arena. A camera operator found me in the pews. Within seconds my shayna punim was 20-feet tall on Jesus’ Jumbotron for all to see. I had been there for all of five minutes and I was already outed as the Jew.

“Oh God,” I thought. “What if my dad could see me now?”

Watching church was Bakker’s big idea. At New Birth, the cameras roamed the pews and the congregation cheered at itself on the big screens. After years of watching church from my couch, I was the one in the shot.

I’d spent my childhood sure the grass was greener at the proverbial church across the street. It wasn’t. It was just better lit. Once the cameras and the choirs were gone, what I found were people trying, like me, to figure out how to believe, and some of them were doing it better than I was.

Hanging out with Jesus made me a better Jew, a sentence I never expected to write, and one my father never expected to hear.

The other Bakker

There was another Bakker I felt I knew.

I was born the same year as Jay Bakker, the son of Jim and Tammy Faye. He was 12 when his father was indicted. By 18, he’d co-founded Revolution, which eventually opened a branch in Atlanta, my hometown. The New York Times once described churches like it as meeting in “warehouses, bars, skate parks, punk clubs,” which is, to put it plainly, not where my synagogue held services.

In 2006, the Sundance Channel made a six-part series about him called One Punk Under God, and I was hooked. The camera was back on the Bakker family business, only now it followed the son, who seemed to be building the opposite of his parents’ church.

I felt a kinship with Jay that I couldn’t have explained then. We were both preachers’ kids, which meant your father’s job was also your religion, so you couldn’t be mad at one without it messing with the other. He titled his memoir Son of a Preacher Man, which is also what I called a chapter in mine.

His choices were harder than mine. My father never lost his congregation to a federal grand jury. While Jim Bakker went to Branson to sell apocalypse buckets and political prophecy, Jay went toward a gentler, more inclusive faith.

As I learned throughout my journey, a church built for television is only as strong as its ratings. The Jewish service I understand best would make terrible TV. On Yom Kippur we fast for 25 hours and act somberly. In the prayers, we confess in the plural, a whole congregation beating its chests together: we have sinned, not I.

Jim Bakker got me into church, and church sent me back to synagogue. Praise the Lord, as they used to say on his show. And, as we say in mine, amen.

The post How Jim Bakker sent a rabbi’s son to 52 churches appeared first on The Forward.

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As voting nears, Israeli democracy is not healthy

When Israel’s Supreme Court upheld the right of Arab parties last week to run in the country’s Oct. 27 election, they didn’t only provide Israel’s 2 million-plus Arab citizens a reason to vote. They also sent yet another signal in the incredible noise of these elections: Israeli democracy is not healthy.

Every time Israel has held elections in the last two decades, this cycle repeats: The Central Elections Committee — a body mostly made up of politicians — bars Arab parties or candidates, the Supreme Court puts them back on the ballot, and the country congratulates itself that its democratic guardrails held up to the pressure. But when Israel’s political representatives think democracy means disqualifying parties representing 20% of its electorate, the guardrails are not holding. When that 20% of the electorate is told its voices are unwanted and its opinions suspect enough to ban, it is nearly impossible to call Israel a healthy democracy.

And there’s a deeper story here, too — one that came to a head in 2023, connected to the decades-long march of the populist far-right in Israel against the Supreme Court. Recall that one of the first things that Prime Minister Benjamin Netanyahu’s government did upon taking power was to announce a “judicial overhaul plan” built on the populist claim that the elected politicians are the only true representatives of the people, and the unelected, elitist, liberal-leftist Supreme Court ought to be subservient to them.

Since then, they have tried to eliminate the Court’s ability to review the quasi-constitutional Basic Laws, left the court’s top positions unfilled and languishing, and managed to pass a bill putting judicial appointments in political hands. In short, the Court is not simply a neutral referee in the fight over whether Arab parties can run. Its independence and authority are themselves at the center of Israel’s political struggle.

When the court restored Arab parties to the ballot, and liberals breathed a sigh of relief, the right went to work. It is telling its base that the Court, by simply upholding the most basic tenet of a democratic system — that parties be allowed to run regardless of their political positions — is in bed with the enemy: Arabs. In other words, it weaponizes the court ruling as proof of what it has been saying all along: that this is not the court of the Israeli people, it is the Arab’s court, the left’s court, and it must be brought to heel.

This is the double bind the Israeli Supreme Court has existed in for years. It is more hostage than guardrail. I have spent my career in Israeli civil society, and now lead an organization that funds a good deal of it, which is a long way of saying I have watched this cycle from close enough to know that the relief is a trap.

The court recognizes the part  it plays in this game of political football, and it is caving to pressures and changing its own internal approach. The discussions it held last week were not limited to the Elections Committee’s decision to disqualify all the Arab parties. It went further. The court recommended Sami Abu Shehadeh of the Balad party withdraw his candidacy so that it would not have to disqualify him. Yes, Sami wrote an appalling article on Oct. 8 — one that I find deeply repugnant. But for many years, the court held that disqualification required extensive and consistent evidence of support for terrorism or opposition to democracy. On that basis, it allowed both Jewish and Arab candidates to run, even when they had written or said things that were unpopular, racist, or dangerous. And when it came to Abu Shehadeh, there was no solid evidence of a sustained pattern showing that he supported violence or opposed democratic principles. The court did not want to depart from its own precedent, but it could not withstand the pressure of public sentiment, so it asked Sami not to run. He withdrew.

It is clear to me that if Sami were Jewish, he would never have been disqualified. Jewish politicians have said things just as horrifying as he has, and they are consistently allowed to run. People fighting for Israeli democracy — both here in the U.S. and in Israel — can’t go to the mat for Israel’s democratic institutions without dealing with the essence of what democracy is.

In a democracy, the majority does not extend equality to the minority as a kindness. And for members of the minority, democracy is a bargain: You choose to live with the outcome because you had a real chance to shape it — by voting for politicians who represent your interests. With these bans, Israel asks two million citizens of the country to hold up their end of this bargain — to pay taxes and vote— while informing them every few years that the state’s end of the bargain is actually negotiable. That equality is not assured. That their parties could be barred from running.

Democracy is only more than a word if every citizen has both the right to vote and the right to govern. Israel simply is not a democracy if it fails to offer Palestinian citizens full participation. Period. Israel’s Palestinian citizens are not a test Israeli democracy has to pass, where the Supreme Court is a cheat code. Israel’s Palestinian citizens and their rights are what Israeli democracy ought to be made of.

Yes, it is a relief to know that Israel’s Supreme Court restored the Arab parties to the ballot, but we ought to notice what we are relieved about: that judges had to stop Israel’s elected representatives from cutting out a fifth of the electorate just five weeks before a general election. A democracy that has to be rescued from its own politicians on a regular basis is not a healthy one.

The post As voting nears, Israeli democracy is not healthy appeared first on The Forward.

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‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers 

(JTA) — TEL AVIV – In the days following the Oct. 7, 2023, Hamas attacks, the families of the hostages held in Gaza turned the plaza next to the Tel Aviv Museum of Art into what became known as Hostage Square.

Filled with “Bring Them Home” signs and hostage posters, yellow ribbons and yellow balloons, the square hosted demonstrations and press conferences.

It was here that the families created a replica of a Hamas tunnel and established the Empty Shabbat Table, a haunting art installation to remind visitors – and especially the Israeli government – that their loved ones still languished in Gaza. And it was here, two years later, that the families and thousands of other Israelis gathered to watch the last of the living hostages return to Israel.

Three years after the attack on Simchat Torah, there are few remnants of the hostage families’ encampment: the tunnel replica, a few yellow ribbons and a sign bearing the words “Remember 7.10.23.” During the days leading up to the third anniversary, some paid respects to the few hostage families who set up a sukkah on the square, but the plaza was nearly empty.

By all outward appearances, Israelis have moved on.

Yet beneath the surface, many are still grappling with the trauma of Oct. 7 and the multifront war the attack triggered.

In a Channel 12 TV poll in June, 74% of respondents said they fear that terrorists will carry out another large-scale attack, and 66% said they want the Oct. 7 attack to be investigated by a state commission of inquiry.

Last month, in an Israel Democracy Institute survey, 68% of Jewish Israelis and 32% of Arab Israelis said the Oct. 7 attack is a “central factor” in deciding which party to vote for, behind security and the high cost of living.

In the café at the edge of Hostage Square, Isaac Badra, a 33-year-old realtor, recalled how he and his wife opened their home to their upstairs neighbors because the Badras live on the “safer” ground floor and their Tel Aviv building has no bomb shelter. The trauma persists, he said.

He vividly remembered the air-raid sirens, reserve soldiers rushing to base on Simchat Torah and the frantic phone calls with his wife’s family near the Gaza border as Hamas attacked Sderot, where they live.

“My wife’s mother said she saw terrorists in the street, but I couldn’t grasp what she was saying,” he recalled. When he turned on the TV, he realized the scale of the attack. “I locked all of our doors and our windows and prayed.”

Three years later, Badra said, “When I hear noises outside, I jump. When Arab construction workers shout out to each other, I jump. And now I doubt whether my friends abroad really have our back.”

Roni Shoval, a defense industry worker from northern Israel not far from the Lebanon border, said the trauma of the past three years “is still inside me.” He called the attacks “a modern Holocaust for Israel.”

Even three years later, “I’m not ready to visit Nova,” he said, referring to the memorial at the site of the music festival where Hamas murdered 378 people and abducted dozens more. “Look, I’m getting goosebumps now just talking about it.”

Shoval, 54, is still doing IDF reserve duty, years beyond the maximum age because the IDF needs his expertise. He doesn’t want the same for his children.

“My son will be drafted soon,” he said. “Back in the day, I served in Gaza and Lebanon. I don’t want him sent to Gaza and Lebanon.”

At a nearby table, 24-year-old Yael Meyer sat with classmates from Tel Aviv University. The attack the previous day aboard a flydubai flight bound for Tel Aviv, they said, only reinforced the trauma of Oct. 7 and the war that followed.

“I’m always aware that there could be another terror attack. But I always had the sense that the security services would protect us.” Since Oct. 7, that trust in the government is gone, she said.

Her friend Talia Zecler, also 24, said she felt “helpless” after the attack. “I was angry at my country. Entire families were killed or kidnapped,” she added. “It feels like we’re living in an endless war.”

Her heart races when the sound of a passing motorcycle resembles an air-raid siren. But at the same time, she still marvels at the bravery and solidarity of ordinary Israelis in the months after the attack.

“People became more connected after Oct. 7. They volunteered everywhere, including at Hostage Square,” she said. “There was a sense of unity, that we’re in this together, and we saw it on the flydubai flight.

“This is the Israeli spirit.”

Sitting in the café with her parents, S., a 19-year-old IDF soldier, said the trauma she experienced on Oct. 7 at her home in Jerusalem “is minuscule” compared to the experience of those whose families were directly harmed by the attacks on the Gaza border and, later, attacks by Hezbollah, Iran and the Houthis.

“Sure, when I hear a plane flying in the sky, I think, will there be another war with Iran? I immediately go there,” said S., whose name could not be published due to military protocol.

But as the country prepares to vote for the next government on Oct. 27, she plans to channel her hopes and dreams in the voting booth.

“The most important things for me right now are to have a national investigation of what happened on Oct. 7 and to repair our relations not only with our immediate neighbors but everywhere. We don’t live in a vacuum,” she said.

The post ‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers  appeared first on The Forward.

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