Sunny Isles Beach, FL – Synagogue Filing Lawsuit of Discrimination Against City

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    Sunny Isles Beach, FL – The law firm of Becker & Poliakoff, P.A. has filed suit on behalf of Temple B’Nai Zion, an Orthodox Jewish Synagogue located in Sunny Isles Beach, Florida, charging the City of Sunny Isles Beach, and its Mayor, Norman S. Edelcup, with violation of the synagogue’s First and Fourteenth Amendment rights and Federal religious land use rights. The suit was filed in the United States District Court for the Southern District of Florida.

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    The lawsuit stems from the City of Sunny Isles’ Beach’s 2010 designation of the Synagogue’s property as a historic landmark, over the congregation’s objections. According to the suit, the designation of the Temple’s property as a “historic site,” took place soon after the City declined to designate as “historic” several older and more historically and culturally significant properties owned by non-religious assemblies or institutions.

    In designating the Temple’s building as a historic landmark, and denying the Temple’s requested issuance of building and demolition permits, the suit alleges the City, and its Mayor individually, engaged in religious discrimination and selective enforcement against the Synagogue in violation of the Federal Religious Land Use and Institutionalized Persons Act (RLUIPA). The Federal law protects religious institutions from land use regulations imposed by governmental entities that burden or restrict the institution’s rights.

    According to the filing, “The City has implemented a land use regulation in a manner which treats religious assemblies or institutions on less than equal terms than non-religious assemblies or institutions, and, therefore, constitutes a violation of the Equal Terms provision of RLUIPA.”

    Buildings in Sunny Isles Beach that were considered, but which the City declined to designate as historic include several iconic Motel Row properties such as the Ocean Palm Motel (the first two-story motel in the United States), the Golden Strand Hotel, the Sahara Motel, the Golden Nugget Motel and the Thunderbird Motel, as well as the Rascal House restaurant. These properties are an integral part of the City’s storied history. 

    The suit charges that the City and Mayor Edelcup have maliciously and inappropriately used the historical landmark designation powers to prevent the Synagogue from renovating its property to bring it into adherence with Orthodox Jewish practices. The suit ascribes the actions to the shift of the Synagogue in 2005 to Orthodox Judaism, a move which displeased many former members of the congregation, Mayor Edelcup included.

    “The suit shows the transparent hypocrisy that government is capable of,” commented Gary Rosen, Becker & Poliakoff shareholder and Chair of Litigation who is handling the suit along with shareholder Daniel Wallach. “In its first official designation, the City enshrined a building as a landmark that has no historical significance in order to serve its hidden agenda. It was willing to ignore, even destroy its own cultural and architectural history by denying other more deserving buildings of the historical designation.”

    “Sunny Isles Beach targeted the synagogue solely because of its identity, because it is different from what the city’s powers are comfortable with. They decided to use the levers of government to stifle the growth of Temple B’Nai Zion. This is a story of abuse of power and corruption by an elected official, not for financial gain, but by using his official powers to settle a personal vendetta,” said Mr. Wallach, a Becker & Poliakoff shareholder with significant experience with RLUIPA cases.


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    7 Comments
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    5TResident
    Noble Member
    5TResident
    13 years ago

    Did the article mention the grounds used by the City to landmark the temple building? I didn’t see that.

    Tzi_Bar_David
    Tzi_Bar_David
    13 years ago

    Same thing happened to the West End Church on West 86th Street/Amsterdam in NYC. The congregation cannot afford to keep the building up and planned to sell it to a developer. Sadly for them an editor of the NY Times lived in an apartment overlooking the church and feared his view would be obstructed. So he spearheaded a drive to landmark the building, which happened. Now the building is just an abandoned deteriorating wreck, but the editor’s view is preserved.

    There is always a motive behind these things…

    yaakovmoshe
    yaakovmoshe
    13 years ago

    Mayor Edelcup should be ashamed of his actions. But then again, k’shmo kein hoo.

    joe365
    joe365
    13 years ago

    Ths shull used to be Conservative and then “somehow” taken over by rabbi Lankri who now owns it. The mayor Edelcup is very corrupt and does not like the growing Jewish presence in this new city of Sunny Isles. I’m glad to see someone fighting him on something!

    13 years ago

    Yes Sunny Isles is very corrupt. Look at how for all those years they paid off the city engineer Mitrani to certify buildings as safe when they weren’t because the developers lined their pockets.This lawsuit will bring all sorts of scrutiny on Sunny Isles and they NEED it.

    rjn707
    rjn707
    13 years ago

    Couple of times when I went to make a minyan I saw the Mayor of the city just walking the building and making notes. I asked who is this guy who is walking around the shul with out a kippa, I was told he is the Mayor of the city who wants to close down the shull and make it into something. I asked if the Mayor has nothingelse to do then come to a Shul and try to write down violations. I think I was there three times and I saw him there two times.
    The Mayor is a NASTY guy and I think he wanted to buy the building and build and profit from it.