Aug 8, 2012 1:11 PM

A group of local residents filed a federal lawsuit against the Village of Westhampton Beach last week claiming that if a controversial religious boundary, an eruv, is allowed to be installed within the village, it would violate the rights of all non-Orthodox Jewish people in the municipality.

At the same time, on Tuesday, a motion was filed in a pending federal case against the villages of Westhampton Beach and Quogue requesting summary judgement on a request that both municipalities stop obstructing the East End Eruv Association from moving forward with plans for the eruv.

The most recent lawsuit was filed by Arnold Sheiffer and Estelle Lubliner, members of the Jewish People for the Betterment of Westhampton, which also goes by the name Jewish People Opposed to the Eruv, or JPOE, and names the village, the East End Eruv Association (EEEA), and utility companies Long Island Power Authority and Verizon as defendants in the suit, which states that the establishment of an eruv would be a violation of the Establishment Clause of the U.S. Constitution.

An eruv is defined as a continuous physical boundary and visible demarcation of a defined geographic area within which observant Jewish people are able to push strollers and wheelchairs, among other things, on the Sabbath and religious holidays to attend temple. The suit, which was filed with the U.S. District Court on July 30, is seeking a ruling that the implementation of an eruv on public property would be a violation of the Constitution. The suit also seeks monetary reimbursement for violating the plaintiffs’ constitutional rights, but does not specify an amount.

“JPOE and its members do not want to live in a community where their government—i.e., the village and LIPA itself—is reasonably seen and understood by them as endorsing particular religious beliefs and practices that they do not hold or which they affirmatively oppose,” the suit states.

Westhampton Beach Village Attorney Richard Haefeli said this week that the village is currently reviewing the suit and declined to comment on the village’s plans until further review. He added that the group that filed the suit did so out of concern that if the eruv were allowed, the village would become a predominantly Orthodox Jewish community.

“They are bringing a lawsuit against us basically claiming that they believe if the eruv is allowed to be established in the village, it would create an Orthodox Jewish community, and people other than Orthodox Jews may not want to live in such a community, and it is a violation of the Constitution,” Mr. Haefeli said.

Jonathan Sinnreich, of Sinnreich Kosakoff and Messina, LLP of Central Islip, the attorney representing JPOE, was away from his office this week and not available for comment.

Mr. Sheiffer said this week that the suit was filed to ensure that the group had a voice in the ongoing debate. “We wanted to make sure that our rights were heard in court,” Mr. Sheiffer said. “Now and again, the Jewish people of all the areas should be heard in court, and it was felt that the protection of American citizens’ rights under the Establishment Clause is vital to the situation. So we filed the lawsuit to make sure we were protected.”

Robert Sugarman of the Manhattan firm of Weil, Gotshal and Manges, the attorney representing the EEEA, said he does not believe there is legal backing for the case against his clients. “It is the Eruv Association’s view that this case has no merit, and we are considering what response we will make,” he said.

An eruv has been a topic of discussion within the village since 2008, when an initial application was submitted, and subsequently withdrawn, from the village for a much smaller eruv. Two years later, the EEEA started spearheading a campaign to create a larger eruv, which includes attaching lechis—vertical markers—to utility poles, that would encompass parts of Westhampton Beach, Quogue and Quiogue in Southampton Town.

In January 2011, the EEEA filed a federal civil rights lawsuit alleging that the three municipalities were discriminating against Jewish people, citing their objection to the proposed boundary even though a formal application was never submitted. In November 2011, a judge denied the lawsuit on the basis that the EEEA had never filed formal applications with any of the municipalities.

Since that time, an application was been filed, and subsequently denied by the Village of Quogue. Applications have yet to be filed with Westhampton Beach or Southampton Town, but Mr. Sugarman said on Tuesday that an application with the town is expected soon.

Both cases are being heard by Judge Leonard D. Wexler of the U.S. District Court in Central Islip.