The lawsuit is settled. The City of Dallas has issued CTC the Certificate of Occupancy. Time to celebrate with a Celebratory Community Kiddush.
The Celebratory Community Kiddush will take place Shabbos, Parshas Re’eh, Rosh Chodesh Elul, August 31, at approximately 11 AM at CTC, 7103 Mumford Ct., Dallas, TX 75252.
If you would like to support this kiddush with a financial gift CLICK HERE.
Congregation Toras Chaim Case
First Liberty defends Orthodox Jewish congregation from burdensome regulation by the Dallas Board of Adjustment threatening congregation’s existence.
Members of Congregation Toras Chaim, a small Orthodox Jewish community, have been meeting since February 2011 in a north Dallas neighborhood. These gatherings—located in the community in which the 20 or so members of the congregation live because their faith prevents them from driving on the Sabbath—were without incident until a neighbor filed a lawsuit seeking to have the meetings stopped. While the congregation has been pleased to work with the city of Dallas, the Dallas Board of Adjustment refused to lift its regulations requiring parking for a congregation that does not drive on their Sabbath. First Liberty filed a lawsuit in Collin County District Court to challenge the Board’s ruling.
City Board of Adjustment Refuses to Protect Congregation
Despite years of ongoing litigation and productive discussions with the City of Dallas, Rabbi Yaakov Rich and Congregation Toras Chaim continued earnestly seeking to comply with regulations of the Dallas Board of Adjustment. Through the efforts of First Liberty and its network attorneys at Winston & Strawn, LLP., the last remaining regulatory obstacle was a parking requirement. The Board of Adjustment considered Congregation Toras Chaim’s request for a variance to the parking requirement at the April 17 meeting of the Board and voted unanimously to deny the variance. In response to the Board’s action, First Liberty and its network attorneys at Winston & Strawn, LLP., filed a lawsuit in Collin County District Court to protect the rights of the members of Congregation Toras Chaim.
Without further legal action to overturn the decision of the Board, the property will be rendered noncompliant and therefore unable to be used as a place of worship. Ultimately, if the property cannot be used as a synagogue, the members will be forced to sell their homes and move out of the neighborhood.
“City officials have failed to follow the laws that protect this small congregation from unreasonable regulations,” said Chelsey Youman, Counsel for First Liberty Institute. “Dallas is a diverse city that should welcome this small Jewish congregation and protect its ability to operate. But, unless a court intervenes, CTC will be forced from city limits.”
Case History
Rabbi Yaakov Rich, the highly respected leader of Congregation Toras Chaim, has been teaching the Torah for years. When he heard in 2007 that a group of people in the Highlands of McKamy neighborhood in far north Dallas wanted to form a Jewish community focused on the Ohr HaTorah Shul outlook on spiritual life, which is only practiced by one other synagogue in the Dallas/Fort Worth area, he decided to help. Rabbi Rich moved to the neighborhood and founded Congregation Toras Chaim.
Because tenets of the Orthodox Jewish faith instruct members not to drive or ride in a car on the Sabbath or on Jewish holidays, the congregation must meet within walking distances of its members’ homes.
Disgruntled Neighbor Files Lawsuit
The homeowners association (HOA) had full knowledge of the congregation’s religious activities and took no action, in effect treating them as any other weekly home Bible study or social hour. However, when the congregation relocated in May 2013, the congregation moved to a home across from David Schneider. In December 2013, Schneider filed a lawsuit against Congregation Toras Chaim and the owners of the residence where they were meeting.
Banning the congregation from meeting for religious purposes in the home would have substantially burdened the free exercise of religion of the congregation’s members, thus violating two key laws: the Texas Religious Freedom Restoration Act (TRFRA) and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). Both of these laws were passed to protect against hostility to religion.
First Liberty Institute stepped in to help defend the congregation’s right to continue its religious meetings in the home and won a summary judgment in State Court. After the ruling, Rabbi Rich expressed his thankfulness for the court’s favorable decision. He also said, “I pray that today marks the beginning of a new era of tolerance and peace in our community.” Barely a month went by before someone vandalized Rabbi Rich’s car by spray-painting a swastika on it.
City of Dallas Sues to Require Parking Spaces for People who Don’t Drive
Just a few weeks after a judge ended Schneider’s attempt to stop the congregation’s religious activities in the private home, the city of Dallas filed a lawsuit accusing the congregation of violating regulations. The lawsuit requested crippling civil penalties of $1,000 per day per alleged infraction. Infractions included the congregation’s lack of 13 off-street parking spaces and one disabled parking space—despite the fact that members of the congregation do not drive on their Sabbath or Jewish holidays.
With no other place to walk to worship on the Sabbath, families would have to move their residences, and the congregation’s religious life would be ended.
“One group of city officials shouldn’t prevent a diverse city like Dallas from welcoming this small Jewish congregation,” Chelsey Youman, counsel for First Liberty stated.
First Liberty Institute Seeks Variance for Congregation
After working with the City of Dallas to resolve any concerns about using the small congregation’s property for religious purposes, CTC agreed to seek a variance with the Dallas Board of Adjustment to resolve any parking concerns.
The city ordinance the Board of Adjustment is tasked with “adjusting” permits the use of property for religious reasons. And, further, both the Texas Religious Freedom Restoration Act (TRFRA) and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) prevent the city from imposing a “substantial burden” upon the congregation without a compelling justification. But, even though the law is clear and the congregation has made multiple alternate arrangements for its 20 or so members to park outside the neighborhood, the Board of Adjustment refused to issue the parking variance.
“We only want to do what is right and good for all. The City of Dallas has left us no choice. It is my hope that the courts will protect our right to worship G-d as proscribed by our faith in our current location,” said CTC’s Rabbi Yaakov Rich.
The Celebratory Community Kiddush will take place Shabbos, Parshas Re’eh, Rosh Chodesh Elul, August 31, at approximately 11 AM at CTC, 7103 Mumford Ct., Dallas, TX 75252.
If you would like to support this kiddush with a financial gift CLICK HERE.
