Nine Orthodox Jewish organizations have joined in an amicus curiae brief written and filed in the United States Supreme Court by prominent constitutional litigator Nathan Lewin on behalf of COLPA, the National Jewish Commission on Law and Public Affairs, in a significant religious rights case.
The brief asks the Supreme Court to review and reverse lower federal trial and appeals courts decisions that imposed sanctions on two congregants of a synagogue who had sought a court order imposing time, place and manner restrictions on demonstrators carrying signs that read, “Resist Jewish Power,” “ Jewish Power Corrupts,” “Stop Funding Israel” and “End the Palestinian Holocaust” outside their synagogue on Shabbos mornings. The demonstrations had taken place every Saturday for approximately eighteen and a half years. The plaintiffs requested in their complaint that the demonstrations either be enjoined or that the demonstrators be moved to, “1,000 feet of the Synagogue’s property line.”
The plaintiffs claimed that the demonstrations were interfering with their prayers.
However a trial court ruled that the demonstrators had a free speech right to protest and therefore the lawsuit was frivolous and ordered the congregants to pay the protesters’ legal fees in the amount of more than $150,000. The plaintiffs lost their appeal on the substantive ruling and subsequently also lost on the penalty issue. The Supreme Court has previously declined to review the substantive ruling. The plaintiffs have now petitioned for Supreme Court for review of the penalty and the COLPA brief was filed in support of their petition.
In the brief, Mr. Lewin notes, “Jewish Americans are living in perilous times. They must turn to the courts to respond to unprecedented anti-Semitism. The decision of the [appellate court] in this case carries a devastating message: ‘Don’t dare initiate a good-faith lawsuit to protect your religious worship from proximate harassment. You will be heavily penalized if your lawsuit is unsuccessful.’”
Mr. Lewin also argues that the imposition of sanctions in this case is based on a misapplication of the laws governing the award of attorneys fees and will deter the future assertion of legal rights of minorities in the United States, including Jews, to prevent private conduct that violates civil rights guaranteed by law.
The organizations joining in the COLPA brief are Agudath Israel of America, Agudath Harabbanim of the United States and Canada, Coalition for Jewish Values, Orthodox Jewish Chamber of Commerce, Rabbinical Alliance of America, Rabbinical Council of America, Union of Orthodox Jewish Congregations of America and Torah Umesorah (National Society of Hebrew Day Schools).
