England – Two Orthodox Jews have launched a legal battle over a decision to install movement sensors to control the lights in their Bournemouth flat block.
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The couple claim they cannot leave or enter their property at Embassy Court, Gervis Road during the Sabbath because of the motion sensors that have been installed in the hallways.
It’s understood they are observant Jews who refrain from switching lights or any other electrical item on or off, or causing them to be switched on or off during the Sabbath or a Jewish festival.
The couple suggested a compromise, which would have seen them pay for an override switch that would disable the sensors when required.
But this was rejected by the management company, who said it would set an “unacceptable precedent” and could not be defended to all the other lessees.
Following these unsuccessful negotiations, both sides sought legal advice and court action has begun, although this is still at a very early stage and as yet there is no date for a hearing. The management company is accused of breaching the terms of the lease, the Human Rights Act 1998 and the Equality Act 2006.
In a statement to Embassy Court residents, the management company state: “The directors believe that almost all lessees at Embassy Court support the actions taken by the management company to reduce communal lighting electricity costs, and to reduce repair and maintenance costs by preventing heat damage to light fittings and prolonging their life.
“The directors further believe that almost all lessees support the installation of movement sensor lighting controls in the hallways and have no personal problems with their installation.”
The couple taking the action has also circulated information to other residents outlining the facts as they see them.
They said they found the rejection of their compromise proposal “very upsetting” and added: “Faced with a situation where we could never again have full use of our flat, we were left with no alternative but to seek legal advice.
“We consulted solicitors and a caseworker at the Equality and Human Rights Commission and were advised that we had a strong claim.”
They have reiterated their willingness to drop the legal action if an override switch was installed and the management company paid their legal costs and compensation.
Did they even ask a posek? Dayan Padwe ZT”L paskened that one should try to avoid walking past sensors if possible, but it’s not actually chillul shabbos.
The couple might want to consult a posek before they decide what is forbidden.
only in england!!
Agreed. This couple’s dedication to Shabbos is commendable, but I don’t think anyone would hold them to be liable for having to pass an electronic sensor.
if this couple is from mea shearim it shouldnt be a problem because its ok to be mechalell shabbos and mechallel shem shamayim for the sake of keep[ing shabbos
I know many gedolai poskim that hold you don’t need to even walk out of your way to avoid them.
Instead of making a big fuss they could override it to there apartment and just keep quiet
In this case it isn’t that clear though, since the rabbis ruled walking past a sensor on shabbat and activating it is not a problem if one has no intention of activating it, such as a security camera that turns on when motion is detected. In this case though with a dark hallway, it seems hard to say that they don’t intend for the light to be on.
interesting case.i wish them luck & hope the matter is resolved,& that a Kidush haShem will be the result.
” and to reduce repair and maintenance costs by preventing heat damage to light fittings and prolonging their life. ‘
Why aren’t they using efficient lighting such as LED or flourescent that peoduces very little heat?
it looks like a typical co-op owner and management fight, that we are used to her in Brooklyn.
Uh, why don’t they just move? Seems like a simple solution to me.
It’s clear from the P’sak that one need not “avoid it at all costs”. #6 , if i recall correctly he says it’s not p’sik raisha because there is no direct action.
Why don’t they just sell their apartment & move? Sometimes you just can’t win, even if you’re right. and sometimes it isn’t worth making a fuss.
Why can’t they let a pet roam the halls on Shabbos. It would keep the lights on!
Halachically, this is far from simple.
Although it might be perfectly fine to walk past motion detectors that turn on the lights on a neighbor’s property, as the one turning them on derives no benefit, that is not the case here. Obviously, the person wants the hall to have light AND he is also an owner.
Think about opening the door to your refrigerator, if you had not forgotten to disconnect the light bulb.
Loosen the bulbs right before the zman, put tape over the sensor, there are eitzas
Debretziner Rav was the most maykel in these matters; He consulted with experts in this field of sensors and triggers; and he says you can even use a ‘baby sitter’ mike on shabos. At worst these things are grama dgrama dgrama . Many things have to happen before the act of passing the sensor, opening the door before it does the next thing like opening the furnace to heat or opening the a/c to cool. tell this this couple not to enter with their warm bodies in a cooled room which will trigger the A/C or open the door to trigger their heating system. The rabbanim came out definitivly that gram grama is mitter. PRIOD. We are not obligated to close our security cameras on shabos etc, etc.
The couple claim that they have offered to pay for an override switch to disable to lights over shabbos b’klal. This would suggest that they do not require lumination in the hallway at all, whether to enter their property, exit or even walk.
This eliminates the sofek that they would be walking past a sensor which they may need. Clearly, they do not.
If this is the case, psik reisha d’lo nicha lei, would apply. They would be walking by with no intention of triggering the twitch, nor standing to gain benefit from it.
It may be that the sensor light in question has an inbuilt gramma sensor with a slight time delay, such as those used in many hospital and communal entrances.