A U.S. District judge will rule a Hollywood zoning law unconstitutional, but it's unclear if the move will allow a Jewish synagogue to continue operating in a residential neighborhood.
BY TODD WRIGHT
twright@MiamiHerald.com
Both sides are declaring victory this week after a federal judge indicated she will strike down a Hollywood zoning rule that city officials tried to use to make a synagogue move out of a residential neighborhood.
The ruling is the latest twist in a legal battle between the city and the Hollywood Community Synagogue Chabad Lubavitch. The dispute began when the congregation set up a place of worship in two residential houses on North 46th Avenue in Hollywood Hills.
Angry neighbors complained about cars parked, traffic and noise, and the City Commission responded by trying to boot the synagogue.
A series of lawsuits ensued.
Now one of the cases could be drawing to a close.
U.S. District Judge Joan Lenard, through her judicial assistant, told both sides that she agreed with the Chabad's argument that the city's requirements for applying for a ''special exception'' permit are too vague and that the approval process could be manipulated to discriminate against a group.
The permits are required to for religious groups to operate houses of worship in single-family districts.
But both sides think they've won.
''By granting the motion to find the city's code as unconstitutional, it means the Chabad won its case, but it's a question of how much money,'' said Franklin Zemel, who is representing the synagogue. ``It's clearly a very good thing.''
City officials see it differently.
''I view it as a potential end to the case in the city's favor,'' City Attorney Dan Abbott said. He said that if the city's process for granting the permits is invalid, then there's no way for the Chabad to operate in a residential neighborhood legally.
Both sides also think the official ruling, which should come as early as next week, could put a swift end to a U.S. Department of Justice religious discrimination lawsuit against the city, scheduled to start in three weeks.
Abbott said he expects the city to request the Department of Justice discrimination case be thrown out if Lenard indeed declares the special permits unconstitutional.
If the city is forced to do away with the special exception rule, other religious groups, along with some businesses, might be forced to relocate out of residential neighborhoods.
Lenard's written ruling could declare special exceptions of any kind in the city unconstitutional, which could impact many businesses that would normally apply for the permits, Abbott said.
He said the city would likely create an ordinance with more specific exemption rules but was not obligated to do so. He said it would be up to the City Commission to decide whether existing special permits would be grandfathered in.
But Zemel said the zoning rules should revert back to 1995, when houses of worship were allowed in single-family districts without a special permit.
But none of that might matter to the Chabad, even if it wins the case. Zemel said the group has approached Temple Sinai of Hollywood, located three blocks away from the Chabad's location on 46th Avenue, about creating a religious campus on the temple grounds.
The group would likely use settlement money won from the city to purchase part of the temple's land, but Zemel said the group has not made a formal offer and has not heard back from temple officials.
Currently, the Chabad still holds its twice-a-day services. Zemel declined to comment on how much money he is seeking from the city in damages. A settlement claim has also been filed against City Commissioner Sal Oliveri, the most vocal of the four commissioners who voted against giving the Chabad a special permit.
© 2006 MiamiHerald.com and wire service sources. All Rights Reserved.
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