MINEOLA, N.Y. (AP) - A group of Orthodox Jews fighting a yearslong battle to erect a religious zone in some eastern Long Island Hamptons communities declared partial victory Wednesday after a federal appeals court said the placement of their religious symbols on utility poles in Westhampton Beach was not unconstitutional.
“Religious freedom is triumphing in the Hamptons,” said Hank Sheinkopf, a spokesman for the East End Eruv Association, which has been seeking to erect religious zones in the villages of Westhampton Beach, Quogue and the town of Southampton since at least 2008.
The 2nd Circuit Court of Appeals said in its ruling Tuesday that compared with other government actions, such as allowing Christmas nativity scenes in public places, the designated space, called an eruv, “has more of a secular purpose, causes less of an advancement of religion, and fosters less church-and-state entanglement.”
An eruv consists of small wooden strips, or lechis, often placed on utility poles to designate an invisible boundary that allows observant Jews within the eruv to perform manual labor, including pushing and carrying objects such as strollers and wheelchairs on the Sabbath or religious holidays like Yom Kippur.
The appeals court said the Long Island Power Authority did not violate the U.S. Constitution by allowing the lechis to be placed on its utility poles.
A group called Jewish People for the Betterment of Westhampton Beach claimed in a 2012 lawsuit that the eruv violated the Constitution. The group said allowing the religious symbols would be tantamount to a government entity endorsing a religion.
Jonathan Sinnreich, an attorney for the group, said Wednesday he was disappointed by the court ruling and was considering further legal options.
But Sheinkopf said the eruv in Westhampton Beach was erected about five months ago and few people have even noticed it.
“There have been no problems whatsoever,” he said. “The sky hasn’t fallen. People are still going about their business.”
Jeffrey S. Weir, a spokesman for PSEG Long Island, which is responsible for LIPA operations, said the authority was pleased with the court decision.
An eruv has been placed in numerous communities around the country, including New York City, Washington, D.C., Austin, Texas, and St. Louis, said Yehudah Buchweitz, an attorney for the East End Eruv Association.
He said court cases are still pending against the villages of Westhampton Beach, Quogue, and Southampton town.
A spokeswoman for Quogue Mayor Peter Sartorius and a Southampton spokesman declined comment Wednesday. Westhampton Beach officials did not immediately respond to requests for comment.
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