North Andover, MA – Town Lash Back at Rabbi’s Lawsuit Over Holiday Symbols

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    Rabbi Asher Bronstein lighting the chanukha menorah last yearNorth Andover, MA – The Christmas sign is back on the fire station and a menorah will stay at the Town Common for all eight days of Hanukkah.

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    But, selectmen have little holiday cheer for a rabbi who they say threatened the town with a lawsuit over Christian symbols, even the red and white candy canes hanging in public schools.

    Selectmen noted that a week after they denied Rabbi Asher Bronstein’s request to put up a menorah on the town common for all eight days of Hanukkah, the rabbi criticized the town’s decision to take down a Merry Christmas sign as well.

    He called it “an outrage,” and “nuts.”

    Selectmen revealed it was Bronstein’s complaining and a draft copy of a lawsuit to keep the menorah up that forced them to take down the Christmas sign which has been hung on the fire station each holiday season for 50 years.

    The rabbi’s attorney sent them a draft of the lawsuit the day before Thanksgiving, attacking the town for allowing the Merry Christmas sign, wreaths and white lights. It even pointed out the candy canes in the schools, calling them “overtly Christian” and “representative of a shepherd’s staff.”

    “The town of North Andover has an established policy of adorning its property with overt Christian signs and symbols in excess of 30 days, while precluding the exhibition of the menorah for eight days,” the lawsuit reads.

    The lawsuit claims while the town promotes Christian holiday symbols, it was “limiting Jewish expression.”

    “We were threatened with all the holidays being taken away from the community and we reacted,” Selectmen Chairman Tracy Watson said. “And this week we have taken a beating.”

    “It was that or having the candy canes taken away from the kids,” Watson said.

    Selectmen kept quiet about the theatened lawsuit throughout the controversies surrounding the menorah and Merry Chirstmas sign.

    But Watson said that after a week of being torn apart by the media and residents, being called everything from “politically correct yuppies” to more obscene phrases, they had had enough.

    “We wanted to take the higher road. We were dealing with a man of the cloth. … But it’s come to the point where we have to defend ourselves,” she said. “He was slamming us.”

    Selectmen said last night that it seems like Bronstein was looking for controversy.

    “I think the rabbi really went a bit rogue on us here,” Selectman Richard Nardella said.

    Bronstein and his attorney Robert Meltzer did not return calls for comment last night. Bronstein was not at last night’s meeting because of the Jewish Shabbat.

    The controversy started when selectmen denied Bronstein’s request to place a menorah on the town common through the eight days of Hanukkah. The board approved the menorah for one day, since their new town common use policy limited all public displays to one day. Hanukkah begins at sundown next Friday.

    But Nardella said that they told the rabbi they would look at their policy at the next meeting, Dec. 8, and see if it had to be changed. Bronstein filed the lawsuit anyway, just two days later.

    “It was a simple fix,” Nardella said. “But he never gave us the chance to make the necessary changes to our policy.”

    Some people still question why selectmen did not just make an exception for the rabbi at that first meeting. Selectmen said last night they did what they thought was best at the time. They thought they had time, they said. They didn’t realize they would be facing a lawsuit days later.

    This wasn’t Meltzer’s first menorah-related lawsuit. He sent a similar suit to Wellesley in 2004, and the town ended up allowing the menorah to avoid the courts.

    In the draft lawsuit Meltzer sent to North Andover officials, he still had “the Town of Wellesley” included in one paragraph.

    “This is the town of North Andover, and not the town of Wellesley,” Nardella said.


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    82 Comments
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    Ich shaym zich oych nisht
    Ich shaym zich oych nisht
    14 years ago

    Yea- the town was a bunch of wiseguys and could have easily checked past cases like this before. They were going to vote on December 8th , and if they voted no it would have been their victory like the judge who gave a new yorker ’10 days to take off his sukkah!.” The town has a bunch of anal retentive inflexible members as evidenced by their initial decision. They were the animals by permitting 30 days of Christian symbols but not Jewish ones. Zolen zey OPlatzin as it seems they
    already are. If it was Muslims their piskis would be shut for pachad!

    professor
    professor
    14 years ago

    looking at the policy on the 8th is a joke. With Chanukah only a few short days later, the rabbi deserved an immediate answer. He used the law the right way to reach his ends. A decorated tree is clearly an x-mas symbol- not just a seasonal one. So are candy canes and signs. A Jewish symbol should not be discriminated against. Selectmen should have expected no less.

    Anonymous
    Anonymous
    14 years ago

    Amho’aratzim–learn some BASIC English grammar! Since the singular noun “town” is the subject of the verb, which is in the present tense, then the verb must have an “S”: “town lashes.” Do you say, “My cousin go,” (or, the correct form, “my cousin goeS), my boss want, (or the correct form, “my boss wantS)” etc.? Nochamul: “town lashes.”

    Anonymous
    Anonymous
    14 years ago

    This is a real chillul Hashem. There’s no mitzvah of pirsumei nissah to display a menora in a town square, and to force a goyisha municipality to allow a menorah just because they set up their own pagan decorations is just dragging Judaism through the mud.

    chochom
    chochom
    14 years ago

    we have to be extra careful to avoid being percieved as anti x-mas. it creates bad blood. i know the rabbi did not intend for that pertception. nevertheless, that is what happened. oseh shalom bimromav hu yaaseh shalom alenu!

    Anonymous
    Anonymous
    14 years ago

    It is time that Lubavitchers should stop this hisgarus b’imos and realise that we are in golus here in America, They bring out the ire of the goyim with their Menorahs in all hick towns of America.
    P.S. I am not Satmar.

    Ich shaym zich yeah!
    Ich shaym zich yeah!
    14 years ago

    What a chillul Hashem! Be real – we live in a christian country that is a malchus of chessed to allow us freedom of religion – as NO OTHER country has ever allowed us before! And how do we show our gratitude? By shtuching out their eyes?! There is a reason we no longer light the menorah in the streets. We are in Galus and we should be grateful and respectful to our host nation. There is NO MITZVAH and NO INYAN whatsoever to light a menorah on city property! Ner ish *ubaiso*! Whatever warm cozy feeling some yid *might/maybe* get from seeing a menorah at city hall or wherever is not worth the ill will of our neighbors generated by poking out their eyes!

    Moshe
    Moshe
    14 years ago

    This Rabbi is very wrong and selfish.

    I wonder what he would say if the christens in Crown Heights would put a big Cross on president street.

    He is still a minority in that town, and even the law is on his site, he has to respect the majority.

    His is an ignorant guy, shame on him

    D F
    D F
    14 years ago

    I understand the Lubavitcher Rebbe spoke about having Menorahs in public. It seems everytime an article such as this one is posted comments fly back and forth about “pursumi neisa” etc. Can somebody who actully knows and can properly explain the Lubavither Rebbes view please share it. It seems that the people who know the details are not busy reading and commenting on these articles – maybe VIN can ask a Chabad Rabbi to explain this so it can be clear once and for all. – Happy Chanukah!

    The goyim need a reason to hate us
    The goyim need a reason to hate us
    14 years ago

    The goyim need a reason to hate us and if they can’t find one, we’ll be nice guys give them one. We never fail.

    Anonymous
    Anonymous
    14 years ago

    It is not a chillul Hashem. How can they allow x-ian symbols for 30 days but not a Jewish symbol for 8? You have to fight anti-semitism, and this clearly was.

    Pirsumei Nisa
    Pirsumei Nisa
    14 years ago

    Pirsumei Nisa is not building 20 foot menorahs, or driving with a menorah on your roof. Halacha tells us what pirsumei nisa is – put it in your house at the window or door, etc. We don’t need to put them in airports or city halls. We don’t need to stuff it down the goyim’s throat. Let’s do mitzvos the right way, and we’ll be alright.

    Anonymous
    Anonymous
    14 years ago

    never back down on yiddishkeit!
    its worth the menorah to bring one yid back to the religion!
    Frum yidden wake up! the gedolia hador wake up when its too late for eret yisroel! we as the frum community have already lost thousand of yidden!!!!

    chochom
    chochom
    14 years ago

    people are quick to criticise lubavitch. enough! the rabbi is a good man trying to spread some light. if he made a mistake -don’t criticise until you are ready to go do kiruv in the middle of nowhere!

    Anonymous
    Anonymous
    14 years ago

    Shame on the rabbi for creating friction and controversy. Not to say that the selectmen aren’t biased, but… how did they change in essence after this incident?
    If they were the ones to put up the menorah, fine, but shoving our religioun down their throats??? Disgusting. Chabad should rather spend the time and effort to make sure they give out candles and menorahs to jews who don’t otherwise light. And I know they do that already, but with candles they themselves wouldn’t light because they don’t last too long… how strange…

    Speak Up!
    Speak Up!
    14 years ago

    This is exactly what I expected would follow

    It happens every year and every time such an article is posted

    Unfortunately it seems that those who can actually explain the reason behind these public Menorahs are not the same people who are busy reading these stories and quick enough to comment before it is lost in a ton of other articles.

    I myself to not fully know all the reasons behind this but I am sure that if the Lubavither Rebbe asked his Shluchim to do it, there is a good reason and it is 100% according to Halacha

    Can somebody who knows and can properly explain the Lubavither Rebbes view please share it. Maybe VIN can ask a Chabad Rabbi to explain this so it can be clear once and for all.

    Happy Chanukah!

    rob meltzer
    rob meltzer
    14 years ago

    Notwithstanding what it says in this article, I’ve actually been involved in more than twenty public menorah cases across the United States in the past fifteen years. My general experience is that these cases do not alienate non-Jews or generate religious hatred. In fact, we more often than not find outselves in the situation of having support from the non-Jewish community, while the self-hating Jews rant about not making waves, and separation of church and state. These cases are a ministry unto themselves, and they are important during this time of year, as is the menorah, of reminding the community in general that this is not a Christian country, and that Jews are ready, willing and able to fight for rights guaranteed by the Constitution. Chabad has it right, and I’m proud to stand up in federal court and speak for the schluchim.

    Aish Hatorah
    Aish Hatorah
    14 years ago

    Lets stick to the record: The rest of the Torah world sits and criticizes Lubavitch for their aggressive Chanukah outreach. In less than 5 years we will be doing the same. Aish Hatorah, OU, Ohr Someayach and Oorah will all be fundraising money for their Chanukah Kiruv Rechokim programs.

    Its the same cycle. First it was the Tefillin campaign, then the Torah outreach followed by the Moshiach campaign and we are in the Menorah lighting campaign.

    Chabad are just the early adapters in this sector…

    Anonymous
    Anonymous
    14 years ago

    If this guy doesn’t like living in a christian country he should make aliyah

    Anonymous
    Anonymous
    14 years ago

    The Lubavitcher Rebbe strongly urged his Chassidim and shluchim to place these large Menorah’s in public places. As with all his Torah initiatives, as the Tzadik of our generation, there is no question that it is based on Halacha and guided by his heilige vision as a true Ish Elokim. I know a story (and I’m certain there are many, many more) how an entire family started to observe Torah and Mitzvos DIRECTLY as a result of a Chanukah Menorah placed at the local town square in the Midwest (long story, but it all started because of the large local Menorah). Today they are true Bnei Torah and a true inspiration to our community.

    Let’s salute the Rabbi and all Chabad Rabbonim for what they are trying to do to save and preserve KLAL YISRAEL!

    rob meltzer
    rob meltzer
    14 years ago

    In 1987, the Rebbe ZL published a directive that the schluchim should place public menorahs. They are public because they advance the Noachide campaign. The schluchim still hand out menorahs to Jews and encourage proper lighting practices, but the public menorah is for everyone.

    Anonymous
    Anonymous
    14 years ago

    Rav Yaakov Kaminetzky z”l said that Jews should not wear their taleisim in the streets in order not to antagonize the gentiles. It’s obvious that making a lawsuit to force them to accept Lubavitch’s view of the mitzvo of menorah by forcing them to stop their own religious displays is an extreme form of antagonism.

    rob meltzer
    rob meltzer
    14 years ago

    I handled a menorah case for a schliach in a very small midwestern city that had a fairly high percentage of Jewish college kids. We didn’t have to file suit, but we did have substantial resistance from the city officials and the Hillel director. When we had the public menorah lighting, nearly 1500 people showed up in five degree weather. Prior to that lighting, the schliach probably had three people who actively supported him. Today, the city loves and supports him, he has effectively taken over the Jewish college population and has spread yiddishkeit in ways which would not have been permissible without the publicity of that case. No one remembers the original fight. Every year, people want to know when the lighting will be. It has been amazing and thrilling. People seem to think that the sky caves in from public menorahs and from these legal battles, but I’m a veteran of enough of them to know that life goes on, and that these rabbis have a new ability to go from strength to strength.

    Anonymous
    Anonymous
    14 years ago

    What the heck is going on here?! Where did this minhag of putting up menorahs in the public square come from ? Let all of these Rabbis stop with their shtusim and fight for better things ! I wonder why all of these towns and municipalities don’t ask these rabbis howcome in Boro Park, Flatbush, and Wili B. were there are more orthodox jews than anywhere else in the country theree is no sight of such menorahs!!

    Anonymous
    Anonymous
    14 years ago

    This is a Christian country and therefore they can put whatever Christian symbols they want. We cannot forget we are in galus.

    kawanza
    kawanza
    14 years ago

    Why when African Americans fought in supreme court for their right to light a kawanza in public everyone says bravo, but when it comes to lighting a Jewish symbol in public, all of a sudden all of us are embarrassed?? Der goy is besser?

    rob meltzer
    rob meltzer
    14 years ago

    I am only one of three lawyers I know in Massachusetts who wears a yarmulke in court. I support Chabad both financially and legally and Chabad has been an important part of my life for more than forty years. I went to the Kinnis HaSchluchim last yeara (this year I’m mourning) and I found the energy in that room to be unlike anything I have seen before. I understand why the schluchim do what they do. I also support, both legally and financially, organizations committed to Jewish defense, in any form necessary. I tend to believe that electing not to wear a yarmulke in public, or not bringing a lawsuit to prevent infringement, or such thinking, leads to death camps. I will be releasing to the press a proposed press release I sent to town counsel for North Andover late last week in which I proposed that we keep this lowkey until December 8. Fortunately, I have the fax confirmation sheet for that. So much for the rabbi “slamming” the town or refusing to wait until December 8. We have proof that these people lied in the newstory, which to me tells me the true spirit of the town leaders in this holiday season.

    Anonymous
    Anonymous
    14 years ago

    I like the way people decide what is Halacha & what is not. Are you all Rabbonim, Dayonim, Morei Horo’ah? Why is the Menorah in your window Pirsumei Nissoh, but the Menorah in a public place is not Pirsumei Nissoh?

    rob meltzer
    rob meltzer
    14 years ago

    Zoning, believe it or not, is a big part of the problem. Here in the northeast, synagogues and residences are far away from those old town commons and public spaces, such that putting a menorah in front of the rabbis home or in front of the shul is futile. In many of our cases down in places like Texas or Arizona, there is no public space in general. Part of this mitzvah is visibility, which means the intersection where the people are. As I said, I’ve never seen animosity generated between the rabbi and the other people of faith in a community–our battles tend to be with the ignorant. If shedding light is the goal, what better way than to put the light before the ignorant? A number of years ago, I put myself in as the named-plaintiff in a class action lawsuit when a town placed voting stations in a church sanctuary. the polls were on a low table below a cross. That suit took place right after 9/11, and the response was unbelievably negative. Many people said we should simply not vote, not make waves. Well, the polls were moved after suit was filed, and we were able to fill the airwaves and newspapers of America with the teachings of the Rebbe.

    rob meltzer
    rob meltzer
    14 years ago

    Michael Leo Samuels, who calls himself a rabbi, criticized our action on his blog. I tried to respond criticizing his position, and he refused to post it, apparently. I only mention this because I use my own name on everything I post on the web, and I’m not afraid to debate those who disagree. Apparently not everyone is so open minded.

    A Few Facts
    A Few Facts
    14 years ago

    There is no obligation of Jews to have 20 foot menorahs. Despite that, if Xtians can have Xtian symbols for 2 months (they start in November by now, not December), Jews can have it for 8 days. In public places, just like the Xtians. Next, there is no Jewish obligation for Jews in 2009 to dress like rich non-Jews did several hundred years ago. Nope. Not in my Shulchan Haaroch. Finally, any group of Jews that anoint a dead Jew as the Mashiach, pray to him, with pictures in the shuls, are not Jews.

    Anonymous
    Anonymous
    14 years ago

    The Gemara says halacha Krav bissura and halacha Kishmuel Bmomona and I humbly say Halacha KiLubavitch Bkiruv.

    Considering the opinion of those who are on the forefront of bringing back acheinu bnei yisrael lavinu shebashomayim V’hitzlichu ad koh with literally hundreds of thousands bli guzma to make serious changes in their lives in Kiyum Torah Umitzvos, namely Chabad Lubavitcher Shluchim bchol katzvei tevel, the Marines of Klal Yisroel, these experts in the field say that a good portion of the yidden who started getting involved in Yiddishkeit began their hisorirus and awakening to Tshuva through none other than the Tall proud Menorah standing outside in the public eye!

    The Rebbe besides being a Tzadik, Manhig Yisroel and a Gaon Adir in Shas Uposkim saw the relevance of our chazal ‘Ad D’kalya Rigla D’Tarmudo-i’ for today’s dor yosom generation.

    Richard Nixon
    Richard Nixon
    14 years ago

    Stop trying to compete with XMas. It degrades and cheapens chanukah and all of yiddishkeit. There is no reason to try to keep up with the Clauses. None of the gedolai hora’ah of the previous generation advocated this a-menorah-next-to-every-tree business.

    t s
    t s
    14 years ago

    This is not a christian country. (sep church and state). this is a country based on the idea that you are free to practice your religion.

    Unlike the places where jews lives when halachos were written, where the best extent of pirsumei nissa was the window, doorway or shul.

    We are to use whatever means at our disposal to publicise chanuka’s miracles – thus the lubav. rebbe’s push for public displays.

    if someone jewish wants to express public pride in a jewish tradition and other people or officials try to squelch jewish pride, that’s when jews should use the law to support their expression

    rob meltzer
    rob meltzer
    14 years ago

    Responding to 68. Not paying attention? I have a pile of death threats from some of these cases that is nearly two inches thick. But that doesn’t represent the broader community. It does have the effect of showing the broader community what we already know. I don’t think the town generally demonstrates anti-semitism, but it does flush out the fringe, and it often scares the town government to learn that the fringe is out there. There are many ways to shed light on dark corners. Who is forcing anything on anyone? The publicity is not being caused by the rabbi, but rather by those who fear him. Its a sign of strength. To back down to fear is a sign of weakness. I don’t hear a lot of Jewish pride in your post.

    Aron
    Aron
    14 years ago

    If a non-Jew would hang out a huge Cross etc. in KJ, Skavara Shtetel or in Kfar Chabad.

    This is a small town with a heavily Christen population, even the law is with you, you should respect the culture of the people (as long it’s not contradicting with Halach).

    KUSH IN TUCHES
    KUSH IN TUCHES
    14 years ago

    FOR ALL THOSE MISNAGDIM

    Anonymous
    Anonymous
    14 years ago

    For all those who follow the Samech Mem in B’B who’s legacy of sinas chinom still burns and can’t fargin that so many yidden participate in these public lightings all in the name of the Lubavitcher Rebbe see the Haskama of Hagaon Hatzadik HR’Sh M’shash Zatzal to the sefer Imrei Eliyahu in which he paskens that since amongst those public lightings of Chabad there are yidden who don’t even have their own menorah therefore all the reasons given for the minhag to light menorah in the beis hakneses by Maran Habeis Yosef and to make a brocho namely because of Orchim and also because of Pirsumei Nisa, also apply to the public lightings in the street and he mentions that when he comes to these lightings he also makes a brocho and beforehand he mentions that anyone who does not have Chanukiah in his home should have in mind to be Yotzi with the brocho.

    See also sefer Az Nidbiru (volume 5 siman 75 a vol. 11 siman 32 & 34) and sefer Yabia Omer (vol. 7 Orach C. siman 57 os 6)

    For those who fortunately were not influenced by Oso Ish and B’H still have respect for Kovod HaTorah see L’kutei Sichos vol 25 pg 419
    UMi Yovo achar Hamelech.