Posted on 03/21/2002 3:18:59 AM PST by chance33_98
The Orange County Code Enforcement Board ruled Wednesday that Rabbi Yosef Konikov's prayer gatherings are in violation of a county code, according to Local 6 News.
Konikov was served with a code violation last March after officials discovered that he was leading ten to 20 Central Florida families in prayer and song.
Under the current zoning law, operating a synagogue or any function related to synagogue or church services is not a permitted use in residential zoned area, Local 6 News reported.
However, Konikov believed the ordinance violated his religious rights. His attorney, John Stemberger wanted the board to re-write the law to allow all groups to meet and pray in their homes.
"All we wanted to do is share my Saturday meals with friends," Konikov said. "All we wanted is to be allowed to practice our sacred traditions in a peaceful manner. I hope Orange County will grant us the freedoms of the Constitution. The freedom to worship, freedom to assemble and the freedom of speech.
Konikov must comply with the board's decision by May 19 or face fines.
Konikov's attorney John Stemberger said that he will file a restraining order to allow the gathering to continue beyond the 60 days and to stop any fines.
Orange County Fla Code Enforcement
Freep Away
The mere fact that some idjits on the local zoning board have a burr under their saddle for some reason (guess which?) about Orthodox Jews getting together at a residence for prayer and worship does not mean that the First Amendment to the United States Constitution guaranteeing Freedom of Worship has a loophole for the local bigots of nowheresville.
If these Orthodox Jews want to worsjip at this residence, they are constitutionally protected. If their next door neighbors want to hold a pig roast at the same time, it is not as constitutionally protected, but ought not to be prohibited either. Bad manners are not illegal yet.
Just how do the authorities decide that the Orthodox Jews are not having a large group discussion of how to set up their own orange grove locally? Will they break the doors down and demand to know what is going on? Obtain a search warrant to find out whether unauthorized worship is taking place? Electronic surveillance? What a disgrace! Orange County, Floriduh zoning officials are giving even government a worse name. Great opportunity for Jeb to smack the locals with any tools in his hands including raising funds to file suit against these idjit zoning czars.
Good opportunity for a press conference with visuals as well. Unlike Jeb Janet Waco is rumored to be a lawyer. Why didn't she DO something about it? She's probably hoping to torch the house if she were elected governor and doies not want to tip her hand. Big Butch doesn't like religions that don't like Big Butch's, ummm, affectional preferences.
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Kalifornia, here we come, right back where we legislate from!
It's not just Saturdays. Here's a link to an Orlando Sentinel article:
Here's a quote from tha article:
Neighbors complained to the county about cars parked on their lawns, in some instances breaking sprinkler heads.
“It’s not just small, occasional gatherings,” said Ted McDonald, who lives a few doors down from Konikov and is president of the Sand Lake Hills Homeowners Association. He said the rabbi sometimes hosts nearly a dozen meetings a week.
While I would object strongly if this were only a small religious gathering, something of this magnitude should find somewhere other than a residence to meet.
Did you read the article that I linked? This is much more than a small gathering of friends as the Rabbi claims. He is actually operating a synagogue out of his home, with a web site that welcomes all to come for services! There were 100 residents at the hearing complaining about the cars and traffic. This is not a religious persecution issue; it is about the nuisance that he has created by holding these services in his home.
Orange county zoning does allow for home based religious meetings; I have attended and hosted them myself with no problems, but if they got large enough that it caused this kind of problem with the neighbors, it would be the neighborly thing to do to find some other venue.
Bump for religious FREEDOM!!
Where did this happen?
Actually, local zoning ordinances were found to be Constitutional at the United States Supreme Court in the case titled Euclid v. Ambler.
To a degree zoning and abortion share an affinity - they exist solely because the Supreme Court said they could exist.
So what's this about federal law?
You are absolutely correct. By what authority does this kangaroo court decree that this man cannot have visitors in his own home? And by what authority does the kangaroo court control his actions in his home?
This MUST be overturned.
I believe the article addresses that issue here:
In each case, the homeowners cite the federal Religious Land Use and Institutionalized Persons Act of 2000, which prohibits governments from placing a “substantial burden” on religious expression. Konikov claims the law renders county zoning laws moot in regard to his home-based synagogue.
But county officials and others say federal law does not invalidate local zoning laws.
In fact, the act’s sponsors, U.S. Sens. Orrin Hatch, R-Utah, and Edward Kennedy, D-Mass., said on the Senate floor that their legislation was not intended to “provide religious institutions with immunity to land use” laws, Glassman said.
It seems to me that the issue is whether this local zoning regulation constitutes a "substantial burden" on the rabbi's religious expression. Since he is free to conduct his services elsewhere, I don't think that it does.
Would you like to have this guy living next door to you, with the traffic congestion, parking on your lawn, damaging your property, and the county can't lift a finger to stop him because of fear of violating his freedom of religion?
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