Yesterday, Agudath Israel of America filed an amicus curiae “friend of the court” brief in Lost Lake Holdings, LLC v. Town of Forestburgh (S.D.N.Y.), a private discrimination lawsuit brought pursuant to the Fair Housing Act. The lawsuit alleges that the Town of Forestburgh and other individual and municipal defendants engaged in a series of discriminatory acts to prevent an Orthodox Jewish developer from building housing units in Forestburgh because it would attract Orthodox Jews.
The case began in 2020 when an Orthodox Jewish developer purchased the rights to a previously approved “shovel-ready” property. As soon as the Jewish developer made the purchase, approvals were withdrawn, and the town passed a series of ordinances aimed at thwarting the development. This prompted a lawsuit from the developer accusing the town of violating the Federal Fair Housing Act.
Significantly, the United States filed a Statement of Interest in the case, expressing concern over the allegations in the Complaint, including a number of communications among town officials that show blatant discrimination.
For example, the Chairman of Forestburgh’s Town Planning Board states: “Please don’t be scared about the [H]asidic threat ― we’re energized and have the cash to fight and make their lives miserable…. Bloomingberg [sic] was asleep: we’re on amphetamines.”
In another instance, a private citizen wrote: “I have no qualms with their religion, but I would note that their sect is notorious for misogyny [sic] and child abuse. I do fear their wanton destruction of the towns and school districts . . . they take over, like locusts – killing everything they encounter, draining every last resource, bleeding the beast (as they say internally regarding welfare), and destroying Forestburgh as we know and love it today.” After receiving the email, instead of deleting the email or replying that he rejects this characterization of Hasidic Orthodox Jews, the Town Board Planning Chair forwarded the email to unknown recipients, stating “I too have been thinking strategy about how to prevent Lost Lake from overwhelming the town.”
Following a dismissal of the lawsuit by the United States District Court of the Southern District of New York, an appeal was filed by Plaintiff. The brief filed by Agudath Israel focuses on the issue of “ripeness” and specifically how a demonstrated hostility in the form of antisemitism towards the Plaintiff and clear showing that the municipality has dug in its heels against approving the project renders the requirement to obtain a final determination inapplicable. Therefore, dismissal of the lawsuit on those grounds was contrary to the law. Furthermore, the Court’s failure to account for prejudice in land-use processes threatens special harm to Jewish communities. The brief cites many examples of institutionalized antisemitism through hostile zoning laws that have been documented by Agudath Israel.
Agudath Israel thanks The Jewish Coalition for Religious Liberty, The National Council of Young Israel, and The Jewish Community Council of Sullivan County for joining in this brief and the Religious Liberty Clinic of Notre Dame, John Meiser, Esq., Meredith Kessler, Esq., and Dominic Canonico, Esq. for authoring the brief with the assistance of Agudath Israel’s General Counsel, Daniel Kaminetsky, Esq.
{Matzav.com}
