As first reported on July 31, here on FAA News, Jackson Township officials been hard at work these last few weeks working to settle a lawsuit filed by the New Jersey Attorney General's Office, which alleges that Jackson Township authorities, through ordinances and enforcement actions, violated the New Jersey Law Against Discrimination by using their zoning powers to regulate land use and housing and make it harder for Orthodox Jews to practice their religion and to deter them from moving there.
Township officials formally announced the settlement tonight. The full terms have not yet been signed and sealed.
Back in April 2021, the Civil Rights Division within the Office of the New Jersey Attorney General filed a civil rights lawsuit in Superior Court in Ocean County, alleging that Jackson Township authorities, through ordinances and enforcement actions, violated the New Jersey Law Against Discrimination by using their zoning powers to regulate land use and housing and make it harder for Orthodox Jews to practice their religion and to deter them from moving there.
The State’s complaint alleges the Jackson’s adoption of discriminatory zoning ordinances and enforcement practices was motivated in part by officials’ desire to appease Township residents who reacted to the Township’s growing Orthodox Jewish population by expressing hate and fear on social media, in complaints to Township officials, and in public meetings.
First, Township officials allegedly engaged in targeted and discriminatory surveillance of the homes of Orthodox Jews suspected of hosting communal prayer gatherings. Jackson’s zoning code requires permits for places of worship, but there are constitutional limits on municipalities’ ability to use their zoning authority to restrict the free exercise of religion, and government officials cannot discriminate on the basis of religion.
Second, the complaint alleges that Jackson Township officials engaged in discriminatory application of land use laws to inhibit the erection of sukkahs by the Township’s Jewish residents, particularly in their front yards.
According to the complaint, after residents began to question and complain about the appearance of sukkahs, Jackson Township officials modified their interpretation of a local ordinance to effectively prohibit sukkahs in front yards. The complaint alleges that the Township’s new enforcement policy discriminated against Jewish residents.
Third, Jackson officials allegedly discriminated against Orthodox Jews by enacting zoning ordinances in 2017 that essentially banned the establishment of yeshivas and dormitories.
Fourth, the complaint alleges that Jackson discriminated against Orthodox Jews by enacting a 2017 zoning ordinance that targeted and effectively banned the creation of eruvim.
The State’s complaint asks the court to find that each of the challenged zoning practices violates the Law Against Discrimination, to issue an order prohibiting Jackson Township’s discrimination against the Orthodox Jewish community, and to impose civil penalties, among other relief.
(This lawsuit is separate from, and unrelated to, the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Fair Housing Act (FHA) lawsuit settled last year between the Jackson Township Council and Planning Board and the U.S. Department of Justice.)
In July 2021, Attorney Sean Gertner on behalf of Jackson Township filed a Motion to Dismiss, claiming simply that Jackson's zoning laws do not specifically exclude and discriminate against Orthodox Jews, rather "all places of worship" often “pose concerns to public safety, health, and welfare” when the location is not appropriate, and that the township “routinely” considers issues such as parking, emergency access, and ingress / egress when considering applications for any House of Worship, regardless of religious denomination.
In November 2021, Ocean County Superior Court Judge Francis Hodgson denied the motion and kept the litigation going.
Since then, the litigation continued with extensive discovery, including intensive questions from the State, including to explain the actions which Jackson Township officials have taken to combat anti-Semitism in their town.
These uncomfortable questions led the Township to retain Attorney Brent R. Pohlman of Mandelbaum, Barrett PC as special, additional counsel to represent them on this case. Mr. Pohlman worked alongside Attorney Gregory McGuckin of Dasti, Murphy, McGuckin, Ulaky who represents the Township Council and Attorney Sean Gertner of Gertner and Gertner who used to represent the Planning Board.
As previously reported here on FAA News, and here on FAA News, Judge Hodgson ordered Jackson Township to permit the Attorney General's Office to do on-site inspections of many Township records relating to shul and sukkah permit applications.
Now however, things are "coming around."
As previously reported here on FAA News, over the past few weeks, Township attorneys have been engaging with the Attorney General's Office in on-going settlement discussion, with tentative agreements having been reached to resolve a majority of the land use/equitable issues.
The parties agreed to retain Retired Judge James R. Zazzali as a private mediator to assist in finalizing the terms of the settlement agreement.
These settlement discussions have likely included the Township proposal to finally comply with the Township's settlement agreement with the Justice Department and to permit dormitories in certain areas, and also to expand the zones where shuls and mikvahs are permitted.
As previously reported here on FAA News, the Township's Planning Board has recently adopted a Master Plan Reexamination Report formally recommending that the Township adopt an Ordinance permitting dormitories in certain zones, and also to expand the zones where shuls and mikvahs are permitted.
Township officials formally announced the settlement agreement tonight.
A formal settlement agreement will be signed and publicized when the ink becomes dry.
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