Friday, July 11, 2008

Seventh Circuit Rules No Right To Hang Mezuzot In Condos

The Seventh Circuit Court of Appeals ruled 2-1 that observant Jews have no right to hang mezuzot in a condo complex in Chicago. The majority ruled that the condo's rules did not violate the Fair Housing Act. I think the dissent gets this one right:
In dissent, Judge Diane Wood said enforcement of the rule amounted to a "constructive eviction" of observant Jewish residents, as well as an effective bar on Jews moving into the housing complex. "Hallway Rule 1 operates exactly as a redlining rule does with respect to the ability of the owner to sell to observant Jews. No such person could buy a unit at Shoreline Towers," she wrote. "The Association might as well hang a sign outside saying 'No observant Jews allowed.'"
The board eventually created a religious exception after years of fighting between the Blochs and the board including one instance where a mezuzah was removed while the family was attending a funeral for the husband of the plaintiff. Chicago also enacted a law in 2005 to guarantee the right to such religious displays.

The full case can be found here.

In other words, the Court found that any other boards that do not provide a religious exception or cities/states that do not provide such protections can discriminate against observant Jews who must put a mezuzah on their doorways. Similarly, any other religious group that requires a similar display could be prevented from doing so and the Court rubber stamps such discrimination.

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