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Brooklyn, NY - Motion For Gag Order In LBY Case Prompted By VIN News Story Denied By Judge

Published on: July 15, 2015 02:49 PM
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New York - A Brooklyn federal judge has denied a request for a gag order made by attorneys representing a Brooklyn Bais Yaakov who cited VIN News coverage of a lawsuit filed against the school as a violation of the court’s instructions in the case.

As previously reported on VIN News, lawyers for a girl identified only as G.S. because of her age are suing Lev Bais Yaakov, its executive director and its high school principal for expelling the student for allegedly texted an inappropriate photograph of herself to a boy based on an anonymous tip and without ever seeing the picture in question.

In a July 10th letter addressed to Judge Ramon E. Reyes, lawyers for the defendant asked the court to issue an order that would prevent the plaintiff’s attorney, Robert Tolchin, from issuing any releases to the media regarding the ongoing case.  The three paragraph letter stated that Judge Reyes had warned attorneys for both sides not to speak to the media and included VIN News coverage of the case as proof that Tolchin had furnished transcripts of an initial hearing held on June 30th to the media.

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In his five page response to Judge Reyes, Tolchin noted that the court had made it clear that while confidential matters should not be discussed, all other matters could be posted freely on the internet. Citing legal precedents, Tolchin also observed that lawyers for the defense did not demonstrate that his actions could taint a jury or a trial in any way and that his actions were protected under the Constitution.

Judge Reyes issued his ruling on Tuesday afternoon in an electronic filing which stated that the motion for the gag order was denied for the reasons stated by Tolchin in his response.

“This is a vindication of the First Amendment, which guarantees freedom of the press and that court proceedings be open to the public, so that everyone can see what is going on,” Tolchin told VIN News.

VIN News reached out several times to lawyers for the defendants who were not available to comment.


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Read Comments (38)  —  Post Yours »

1

 Jul 15, 2015 at 03:40 PM מְנֵ֥א מְנֵ֖א Says:

That's the way they roll. They do everything in secret, and rely on people being afraid of their reputations so they won't stand up to them. Then they get busted throwing a girl out of school and ruining her life based on an alleged anonymous call and they want to sweep it under the rug. All of a sudden the sunshine is too bright for them, they can't stand the heat and they go crying to the judge for a gag order so nobody will learn the truth of what they did. How does it feel? Now maybe they won't talk so loud. Now maybe they won't seem so proud. מְנֵ֥א מְנֵ֖א תְּקֵ֥ל וּפַרְסִֽין.

2

 Jul 15, 2015 at 03:58 PM Anonymous Says:

Reply to #1  
מְנֵ֥א מְנֵ֖א Says:

That's the way they roll. They do everything in secret, and rely on people being afraid of their reputations so they won't stand up to them. Then they get busted throwing a girl out of school and ruining her life based on an alleged anonymous call and they want to sweep it under the rug. All of a sudden the sunshine is too bright for them, they can't stand the heat and they go crying to the judge for a gag order so nobody will learn the truth of what they did. How does it feel? Now maybe they won't talk so loud. Now maybe they won't seem so proud. מְנֵ֥א מְנֵ֖א תְּקֵ֥ל וּפַרְסִֽין.

Ruining her life? What proof do you have that her life is ruined? She's a young girl. Even teenagers need to be taught to be responsible for their own actions. If she isnt able to comply with the rules of the yeshiva, she shouldn't have been in that school

3

 Jul 15, 2015 at 04:02 PM Ina Says:

Thank you VIN! Hope Lev pays dearly for their arrogance. May this be the beginning of change in all our schools!

4

 Jul 15, 2015 at 05:38 PM Davethemave Says:

Reply to #2  
Anonymous Says:

Ruining her life? What proof do you have that her life is ruined? She's a young girl. Even teenagers need to be taught to be responsible for their own actions. If she isnt able to comply with the rules of the yeshiva, she shouldn't have been in that school

Who said she broke school rules? An anonymous tipster? The school admits that they never saw the picture, nor do they know who claims to have seen it.
Also she needed to go to a school which accepts programmatic students.

5

 Jul 15, 2015 at 06:00 PM LionofZion Says:

How does anyone in that school defend being Makabel such horrible Lashon Horah? These schools spend half the lives of young girls lecturing about Lashon Horah (the other half is Tznius), why would the administration of a school not practice what they preach?
In a decent world, the anonymous mother should step up and apologize to the young lady, as should the administration of the school.

6

 Jul 15, 2015 at 07:15 PM fat36 Says:

Reply to #2  
Anonymous Says:

Ruining her life? What proof do you have that her life is ruined? She's a young girl. Even teenagers need to be taught to be responsible for their own actions. If she isnt able to comply with the rules of the yeshiva, she shouldn't have been in that school

She needs to be taught responsibility for her actions then why is she suing because they can't prove she did anything wrong Do you know for a fact she didn't comply with the rules

7

 Jul 15, 2015 at 07:53 PM FlatbushMom Says:

Reply to #2  
Anonymous Says:

Ruining her life? What proof do you have that her life is ruined? She's a young girl. Even teenagers need to be taught to be responsible for their own actions. If she isnt able to comply with the rules of the yeshiva, she shouldn't have been in that school

Most of what BY's teach is confirmity. What about the girls that conform but have nothing inside?? I could go on and on but for the most part BY's are not teaching Yiddishkeit and working with teens that experiment or question BECAUSE that's what teenagers do. Teens push buttons BECAUSE that is how they grow and mature. Rather gaava and conformity are the majority of the curiculum. To prove my point look at the Tznius of young girls/ women a few years after they graduate. Let's work with everybody and not throw out girls because they dont conform or as you say "dont follow directions"....whatever that means!

8

 Jul 15, 2015 at 07:55 PM מְנֵ֥א מְנֵ֖א Says:

Reply to #6  
fat36 Says:

She needs to be taught responsibility for her actions then why is she suing because they can't prove she did anything wrong Do you know for a fact she didn't comply with the rules

Not only can't they prove she did anything wrong, they had no true reason to think she had done anything wrong in the first place.

9

 Jul 15, 2015 at 08:05 PM Sherree Says:

Reply to #1  
מְנֵ֥א מְנֵ֖א Says:

That's the way they roll. They do everything in secret, and rely on people being afraid of their reputations so they won't stand up to them. Then they get busted throwing a girl out of school and ruining her life based on an alleged anonymous call and they want to sweep it under the rug. All of a sudden the sunshine is too bright for them, they can't stand the heat and they go crying to the judge for a gag order so nobody will learn the truth of what they did. How does it feel? Now maybe they won't talk so loud. Now maybe they won't seem so proud. מְנֵ֥א מְנֵ֖א תְּקֵ֥ל וּפַרְסִֽין.

I would love to know how they justify listening to Loshan Horah?

10

 Jul 15, 2015 at 08:09 PM Sherree Says:

Reply to #2  
Anonymous Says:

Ruining her life? What proof do you have that her life is ruined? She's a young girl. Even teenagers need to be taught to be responsible for their own actions. If she isnt able to comply with the rules of the yeshiva, she shouldn't have been in that school

Any child that is thrown out of one school will never be accepted into another. That is a fact of life. It has been for decades. When a kid is "thrown out" their lives are ruined forever. If they didn't do much to deserve it, the pain of being thrown out and accused of being the shmutz the school has labeled them will churn inside them until they eventually follow the path they were labeled. This is nothing new. The schools who throw kids out instead of work with them have blood on their hands.

11

 Jul 15, 2015 at 08:11 PM Sherree Says:

Reply to #6  
fat36 Says:

She needs to be taught responsibility for her actions then why is she suing because they can't prove she did anything wrong Do you know for a fact she didn't comply with the rules

The schools also need to be taught responsibility for their actions. Thats probably why they are being sued!

12

 Jul 15, 2015 at 08:40 PM ItsMyOpinion Says:

Reply to #2  
Anonymous Says:

Ruining her life? What proof do you have that her life is ruined? She's a young girl. Even teenagers need to be taught to be responsible for their own actions. If she isnt able to comply with the rules of the yeshiva, she shouldn't have been in that school

What ever happened to innocent until "proven" guilty? There is no proof here.

13

 Jul 15, 2015 at 09:12 PM Stalin Says:

But seriously who ever heard of a gag order on a case like this? Is this Russia?

Why would the school want to keep this case secret?

Could it be they care about their own reputation but don't give a gosh-golly-darn about a young girl's?

Could it be they know they're losing this case big time and they don't want anyone to know?

Could it be?

14

 Jul 15, 2015 at 09:17 PM Bobby Zimmerman Says:

Yes, and how many years can a mountain exist
Before it is washed to the sea?
Yes, and how many years can some people exist
Before they're allowed to be free?
Yes, and how many times can a man turn his head
And pretend that he just doesn't see?

15

 Jul 15, 2015 at 09:39 PM ydeneydene Says:

well said all of youmof you are not the same cookie cutter shape, and we hear a rumor, we ruin your life. Enough of this. It happens in so many mosdos!!!!!!!!!!! זעקה ללא מענה

16

 Jul 15, 2015 at 10:01 PM yaakov doe Says:

Why is she in civil court? Did she get the ok from a bais din?

17

 Jul 15, 2015 at 10:42 PM SGMoish Says:

I'm going to assume that the story is true as unfortunately I'm sure this happens all too often only this time someone's mother saw the picture.
Yet the question that begs to be answered by the school is where was this girl educated? In their school! So the principal should resign for her failure in inoculating in the students proper tznius why throw the girl out??

18

 Jul 15, 2015 at 11:03 PM Questioneverything Says:

Money. It's Allways about money.
Ask the administrators what they are concerned about? The children? No.
it's about the schools reputation & protecting It at all costs.

19

 Jul 15, 2015 at 11:07 PM hashomer Says:

To #14, gevalt, a Dylan fan posting on VIN. Just a simple twist of fate... I recently ran into Satmarer who had no idea who he is, and never heard of Woodstock, enen though our conversation happened 10 minutes from Bethel. Did I say Beth El?

20

 Jul 16, 2015 at 12:15 AM Menahelet Says:

Reply to #7  
FlatbushMom Says:

Most of what BY's teach is confirmity. What about the girls that conform but have nothing inside?? I could go on and on but for the most part BY's are not teaching Yiddishkeit and working with teens that experiment or question BECAUSE that's what teenagers do. Teens push buttons BECAUSE that is how they grow and mature. Rather gaava and conformity are the majority of the curiculum. To prove my point look at the Tznius of young girls/ women a few years after they graduate. Let's work with everybody and not throw out girls because they dont conform or as you say "dont follow directions"....whatever that means!

We absolutely agree. Machon Menucha believes in each girl's individuality - within the boundaries of Halacha. And yes, constantly harping on LH & Tzniut is not inspiring, nor does it resonate. We are in a different world today, & we have to move with it. And by the way: Sherree is 100% correct: the "reputation", deservedly or otherwise, follows. How do you think Shidduchim are made? My daughter, a pre-school teacher, has been asked about certain girls she taught!

Girls who march to their own drummer are not necessarily OTD. They are spunky, bright, creative & need an environment where they are respected. Most schools can't do deal with them, they only know one way - discipline, pressure (often they promote peer pressure!) & negativity. It's "legalized" bullying.

21

 Jul 16, 2015 at 03:06 AM Fathousewife Says:

With every update on this LBY travesty someone or another can be counted on to post a "she had this coming" comment. I will observe yet again that while the accusation against this young woman is rather unseemly, there is no proof that her behavior in this case is unseemly. no one seems to dispute that she is a highschool age child, who is not yet rebetzin Kanievsky. LBY in their arrogance and self self serving self congratulatory disregard... has robbed her of the opportunity of ever becoming the best she may have been able to be. And that is a tragedy

22

 Jul 16, 2015 at 05:44 AM savta Says:

Reply to #14  
Bobby Zimmerman Says:

Yes, and how many years can a mountain exist
Before it is washed to the sea?
Yes, and how many years can some people exist
Before they're allowed to be free?
Yes, and how many times can a man turn his head
And pretend that he just doesn't see?

The answer my friend is blowing in the wind.

23

 Jul 16, 2015 at 08:20 AM Anonymous Says:

It's all the schools fault
I'm not feeling inspired , it's my schools fault. Of course if I wanted to, I could buy many books on inspiration and live a life of Emunah ......nah.
I just bought a skirt that ends above my knee, it's my school's fault ! Of course, if I wanted to, I could have listened to that nagging voice in my head that told me it was too short. Or I could pick a circle of friends that are machshiv tznius.......nah.
The school believed lashon hora! Of course I'm writing negative comments on VIN......

24

 Jul 16, 2015 at 09:33 AM justdoit Says:

To Menhalet if you are the menhalet of Mechon Manucha I would run from that school.. What kind of education are you teaching your students by joining with your comments without knowing any facts about what really happened here with GS. LBY is one of the best out there and have had 3 daughters there and couldn't be more proud of them,and if you don't know the facts you shouldn't stick your nose in..

25

 Jul 16, 2015 at 09:54 AM SHMOO2 Says:

Reply to #20  
Menahelet Says:

We absolutely agree. Machon Menucha believes in each girl's individuality - within the boundaries of Halacha. And yes, constantly harping on LH & Tzniut is not inspiring, nor does it resonate. We are in a different world today, & we have to move with it. And by the way: Sherree is 100% correct: the "reputation", deservedly or otherwise, follows. How do you think Shidduchim are made? My daughter, a pre-school teacher, has been asked about certain girls she taught!

Girls who march to their own drummer are not necessarily OTD. They are spunky, bright, creative & need an environment where they are respected. Most schools can't do deal with them, they only know one way - discipline, pressure (often they promote peer pressure!) & negativity. It's "legalized" bullying.

Menahelet: Wow! I would offer to shake your hand, but that's against halacha. My daughters went to Bais Yaakov of Monsey, so I know what an amazing menahelet should sound like. Your school must be very blessed to have you. Yishar Koiach. (Kochayche).

26

 Jul 16, 2015 at 10:49 AM Anonymous Says:

Reply to #14  
Bobby Zimmerman Says:

Yes, and how many years can a mountain exist
Before it is washed to the sea?
Yes, and how many years can some people exist
Before they're allowed to be free?
Yes, and how many times can a man turn his head
And pretend that he just doesn't see?

The answer my friend is blowing in the wind...

27

 Jul 16, 2015 at 11:35 AM Anonymous Says:

Reply to #23  
Anonymous Says:

It's all the schools fault
I'm not feeling inspired , it's my schools fault. Of course if I wanted to, I could buy many books on inspiration and live a life of Emunah ......nah.
I just bought a skirt that ends above my knee, it's my school's fault ! Of course, if I wanted to, I could have listened to that nagging voice in my head that told me it was too short. Or I could pick a circle of friends that are machshiv tznius.......nah.
The school believed lashon hora! Of course I'm writing negative comments on VIN......

At this point who should bear more responsibility. A teenager or an women in her 50's that has more life experience? Of course the girl bears responsibility but where are the mechanchem?

28

 Jul 16, 2015 at 12:18 PM מְנֵ֥א מְנֵ֖א Says:

Reply to #24  
justdoit Says:

To Menhalet if you are the menhalet of Mechon Manucha I would run from that school.. What kind of education are you teaching your students by joining with your comments without knowing any facts about what really happened here with GS. LBY is one of the best out there and have had 3 daughters there and couldn't be more proud of them,and if you don't know the facts you shouldn't stick your nose in..

Justdoit,

Here's the thing. If one of your daughters, חס ושלום, becomes Mrs. Oratz' next קורבן, you will run and hide, you will be so concerned about your reputation, your other kids' reputation, and your victimized daughter's reputation, you will forget your brothers and sisters in כלל ישראל and scamper off to look out for number one. You'll come crying to some Rabbi's office, but nobody will do anything for you. Your daughter will wind up on Rabbi Wallerstein's doorstep and you will be thinking "should I throw her out of the house so she doesn't hurt her sisters' reputations." Another soul bites the dust.

How dare you speak such disrespectful garbage to someone who has devoted herself to loving every Jew!

Phu!

מְנֵ֥א מְנֵ֖א תְּקֵ֥ל וּפַרְסִֽין.

29

 Jul 16, 2015 at 02:59 PM justdoit Says:

Reply to #28  
מְנֵ֥א מְנֵ֖א Says:

Justdoit,

Here's the thing. If one of your daughters, חס ושלום, becomes Mrs. Oratz' next קורבן, you will run and hide, you will be so concerned about your reputation, your other kids' reputation, and your victimized daughter's reputation, you will forget your brothers and sisters in כלל ישראל and scamper off to look out for number one. You'll come crying to some Rabbi's office, but nobody will do anything for you. Your daughter will wind up on Rabbi Wallerstein's doorstep and you will be thinking "should I throw her out of the house so she doesn't hurt her sisters' reputations." Another soul bites the dust.

How dare you speak such disrespectful garbage to someone who has devoted herself to loving every Jew!

Phu!

מְנֵ֥א מְנֵ֖א תְּקֵ֥ל וּפַרְסִֽין.

sounds like you and the menhalet are from the same crop.. How dare you and the "MENHALET".speak such disrespectful garbage.
Absolutely disgusting coming from a MENHALET speak such disrespectful garbage. She should close her school down
As for me running and hiding, no, if I got a call that there is an issue with one of my daughters I would run to the school and ask how can I help them with the problem. which is probably not something you would do as you think that the work should all be done from the school and there is no responsibility on the parents

30

 Jul 16, 2015 at 05:26 PM Anonymous Says:

Here is a novel thought how about the girl taking some responsibility for her actions?

31

 Jul 16, 2015 at 06:19 PM Anonymous Basher Says:

Reply to #30  
Anonymous Says:

Here is a novel thought how about the girl taking some responsibility for her actions?

What actions?

Hey, you call yourself Anonymous. Were you the caller?

32

 Jul 16, 2015 at 06:23 PM Polly Anna Died Says:

Reply to #29  
justdoit Says:

sounds like you and the menhalet are from the same crop.. How dare you and the "MENHALET".speak such disrespectful garbage.
Absolutely disgusting coming from a MENHALET speak such disrespectful garbage. She should close her school down
As for me running and hiding, no, if I got a call that there is an issue with one of my daughters I would run to the school and ask how can I help them with the problem. which is probably not something you would do as you think that the work should all be done from the school and there is no responsibility on the parents

You're so naive.
If you got that call you can't go to the school to help. They just throw you out. They're in charge. You're nobody. And there ain't nothin' you can do. Invisible. Nothing. A squashed bug.
The problem is not that parents are unwilling to work and expect the school to do everything. The problem is that the school does nothing. Just throw her out.
Imagine you come home with a bad report from the doctor. Nebach, you have a bad disease, chas ve-chalila. Imagine instead of paying for your care and supporting you, your husband says "this will drag down the family finances" and divorces you. Got it yet?
(I'll wait for your response. I know you have to go ask Mrs. Oratz what to say).

33

 Jul 16, 2015 at 08:19 PM Anonymous Says:

Reply to #31  
Anonymous Basher Says:

What actions?

Hey, you call yourself Anonymous. Were you the caller?

Her actions that caused her to get expelled

34

 Jul 16, 2015 at 09:49 PM Objective View Says:

Reply to #31  
Anonymous Basher Says:

What actions?

Hey, you call yourself Anonymous. Were you the caller?

#30 makes a valid point, a person being a accused of such behavior is a possible danger to others and therefore it is necessary to warn others to at least be aware of the accusations, hence an email was sent to all parents of that grade.

From what I gather this wasn't the first time this individual was reprimanded by the school for actions against the school's policies. If I had a child in that class I wouldn't want them associating with each other.

35

 Jul 16, 2015 at 09:59 PM CDW Says:

Reply to #17  
SGMoish Says:

I'm going to assume that the story is true as unfortunately I'm sure this happens all too often only this time someone's mother saw the picture.
Yet the question that begs to be answered by the school is where was this girl educated? In their school! So the principal should resign for her failure in inoculating in the students proper tznius why throw the girl out??

I don't know if the story is true or not. I am hoping its not true as it would show that we have stooped to the goyish world of sending inappropriate selfies.

There is a whole tshuva regarding a parent being responsible if their child breaks/damages something belonging to another. I think its a far stretch to say that the principal should be held accountable to the actions of their students.

Now if you said that the parents of this girl should be responsible for her actions that would be debatable as I am quite sure the parents weren't aware of her behavior behind closed doors.

36

 Jul 17, 2015 at 07:44 AM justdoit Says:

Reply to #32  
Polly Anna Died Says:

You're so naive.
If you got that call you can't go to the school to help. They just throw you out. They're in charge. You're nobody. And there ain't nothin' you can do. Invisible. Nothing. A squashed bug.
The problem is not that parents are unwilling to work and expect the school to do everything. The problem is that the school does nothing. Just throw her out.
Imagine you come home with a bad report from the doctor. Nebach, you have a bad disease, chas ve-chalila. Imagine instead of paying for your care and supporting you, your husband says "this will drag down the family finances" and divorces you. Got it yet?
(I'll wait for your response. I know you have to go ask Mrs. Oratz what to say).

your comments prove my point!

37

 Jul 17, 2015 at 12:20 PM But what next? Says:

Reply to #34  
Objective View Says:

#30 makes a valid point, a person being a accused of such behavior is a possible danger to others and therefore it is necessary to warn others to at least be aware of the accusations, hence an email was sent to all parents of that grade.

From what I gather this wasn't the first time this individual was reprimanded by the school for actions against the school's policies. If I had a child in that class I wouldn't want them associating with each other.

So you want to insulate your kids from every possible influence in the world. That way they can grow up without any coping skills at all, unable to function in the world, unsure of themselves, lacking the tools to cope with the real world, and they can join the ranks of fake frummies running around Flatbush in wigs but laying out on the beach on vacation where you and your gossipmongers won't see them

38

 Jul 17, 2015 at 12:22 PM Don't Listen Says:

Reply to #17  
SGMoish Says:

I'm going to assume that the story is true as unfortunately I'm sure this happens all too often only this time someone's mother saw the picture.
Yet the question that begs to be answered by the school is where was this girl educated? In their school! So the principal should resign for her failure in inoculating in the students proper tznius why throw the girl out??

Why are you assuming it is true?

The halacha is that when you hear Lashon Hara you are supposed to assume it is NOT true.

Are you Jewish?

39

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