By Ihosvani Rodriguez
South Florida Sun-Sentinel
June 29, 2006
HOLLYWOOD · After rejecting a proposal that would've ended a federal lawsuit accusing them of discriminating against a synagogue, city commissioners Wednesday night said they planned to keep negotiating to avoid a trial that could come next week.
The settlement rejection came after more than a dozen Hollywood Hills residents took turns urging city leaders to continue their efforts to oust the Hollywood Community Synagogue Chabad Lubavitch from a residential neighborhood.
Commissioners then announced they would reconvene today at 1 p.m. for negotiations with Chabad officials.
The Chabad sued in 2004 when it lost its special zoning permit to operate. The U.S. Department of Justice joined the suit last year.
The proposed agreement would have allowed the Chabad to stay permanently at its Hollywood Hills location and receive a $2 million payment from the city's insurance company for damages. The city would also have had to rewrite a series of zoning laws that a federal judge has already ruled unconstitutional.
In return, the Chabad would drop its suit against the city and Commissioner Sal Oliveri, who is accused of leading the charge against the synagogue.
Attorneys representing the city and the Chabad drew up the deal over the weekend and announced it before a federal judge on Monday while a jury waited nearby.
Commissioners now say they were left out of the loop. They spent Wednesday night bashing the attorneys in the case, including the lawyer hired to represent the city.
"I am tired of being backed against a corner by attorneys taking charge," said Mayor Mara Guilianti. "I still think that if we were to sit with the Chabad without attorneys and their egos, we could've come up with something better a long time ago."
Guilianti at one point held back tears, saying the issue and allegations of anti-Semitism made against the city have offended her personally as a Jewish woman.
The lawsuit revolves around the city's attempts to oust the Chabad from the single-family home it converted into a synagogue in 1999. The suit claimed the city showed bias when it yanked a special permit allowing the Chabad to operate in a residential neighborhood while allowing other religious groups to do so.
Oliveri is accused of personally commissioning police and code enforcement officers to crack down on the Chabad. The synagogue's leaders have complained that officials visited the Chabad almost on a daily basis.
Oliveri maintains he was responding to his constituents' concerns and only asked for written updates on the Chabad.
U.S. District Judge Joan Lenard hampered the city's case last week by ruling the current ordinances governing the special permits are too vague and are unconstitutional. Lenard also said Oliveri can't receive immunity as a public official.
By going to court, the city risks losing the discrimination case and having to pay for damages with taxpayer money instead of through its insurance.
The Chabad, for its part, will have to prove the city's efforts were discriminatory and caused the synagogue millions in damages.
Unless a settlement is reached, a federal jury trial could start in Miami as early as next week.
Before Wednesday's meeting began, Oliveri excused himself and left. He said he did not want to debate and vote on an issue that would affect him legally.
Other commissioners reminded him that he had voted repeatedly on the issue, including last week when he urged for a settlement.
"I feel very frustrated and exasperated to sit here and watch," Oliveri said.
Residents complained about parking violations, noise and trash from the Chabad.
Jamie Mardis told officials he moved out of the neighborhood because of the Chabad.
"I want to hire the Chabad's attorney because he's got you guys running scared," he said. "Sometimes, you have to fight for what is right. We've come very close to throw away this five-year fight."
Staff Writer Ihosvani Rodriguez can be reached at ijrodriguez@sun-sentinel.com or 954-385-7908.
Copyright © 2006, South Florida Sun-Sentinel
South Florida Sun-Sentinel
June 29, 2006
HOLLYWOOD · After rejecting a proposal that would've ended a federal lawsuit accusing them of discriminating against a synagogue, city commissioners Wednesday night said they planned to keep negotiating to avoid a trial that could come next week.
The settlement rejection came after more than a dozen Hollywood Hills residents took turns urging city leaders to continue their efforts to oust the Hollywood Community Synagogue Chabad Lubavitch from a residential neighborhood.
Commissioners then announced they would reconvene today at 1 p.m. for negotiations with Chabad officials.
The Chabad sued in 2004 when it lost its special zoning permit to operate. The U.S. Department of Justice joined the suit last year.
The proposed agreement would have allowed the Chabad to stay permanently at its Hollywood Hills location and receive a $2 million payment from the city's insurance company for damages. The city would also have had to rewrite a series of zoning laws that a federal judge has already ruled unconstitutional.
In return, the Chabad would drop its suit against the city and Commissioner Sal Oliveri, who is accused of leading the charge against the synagogue.
Attorneys representing the city and the Chabad drew up the deal over the weekend and announced it before a federal judge on Monday while a jury waited nearby.
Commissioners now say they were left out of the loop. They spent Wednesday night bashing the attorneys in the case, including the lawyer hired to represent the city.
"I am tired of being backed against a corner by attorneys taking charge," said Mayor Mara Guilianti. "I still think that if we were to sit with the Chabad without attorneys and their egos, we could've come up with something better a long time ago."
Guilianti at one point held back tears, saying the issue and allegations of anti-Semitism made against the city have offended her personally as a Jewish woman.
The lawsuit revolves around the city's attempts to oust the Chabad from the single-family home it converted into a synagogue in 1999. The suit claimed the city showed bias when it yanked a special permit allowing the Chabad to operate in a residential neighborhood while allowing other religious groups to do so.
Oliveri is accused of personally commissioning police and code enforcement officers to crack down on the Chabad. The synagogue's leaders have complained that officials visited the Chabad almost on a daily basis.
Oliveri maintains he was responding to his constituents' concerns and only asked for written updates on the Chabad.
U.S. District Judge Joan Lenard hampered the city's case last week by ruling the current ordinances governing the special permits are too vague and are unconstitutional. Lenard also said Oliveri can't receive immunity as a public official.
By going to court, the city risks losing the discrimination case and having to pay for damages with taxpayer money instead of through its insurance.
The Chabad, for its part, will have to prove the city's efforts were discriminatory and caused the synagogue millions in damages.
Unless a settlement is reached, a federal jury trial could start in Miami as early as next week.
Before Wednesday's meeting began, Oliveri excused himself and left. He said he did not want to debate and vote on an issue that would affect him legally.
Other commissioners reminded him that he had voted repeatedly on the issue, including last week when he urged for a settlement.
"I feel very frustrated and exasperated to sit here and watch," Oliveri said.
Residents complained about parking violations, noise and trash from the Chabad.
Jamie Mardis told officials he moved out of the neighborhood because of the Chabad.
"I want to hire the Chabad's attorney because he's got you guys running scared," he said. "Sometimes, you have to fight for what is right. We've come very close to throw away this five-year fight."
Staff Writer Ihosvani Rodriguez can be reached at ijrodriguez@sun-sentinel.com or 954-385-7908.
Copyright © 2006, South Florida Sun-Sentinel
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