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Rabbi Files Discrimination Suit Against Westlake Golf and Country Club


— October 12, 2018

A discrimination lawsuit was recently filed against Westlake Golf and Country Club by Rabbi Philip Lefkowitz over allegations that he was a “victim of illegal discrimination because of his disability and was prevented from practicing his religion.” Lefkowitz, along with his sons, Levi and Moshe, “all use wheelchairs and live together in Westlake Golf and Country Club,” according to the complaint filed yesterday.


A discrimination lawsuit was recently filed against Westlake Golf and Country Club by Rabbi Philip Lefkowitz over allegations that he was a “victim of illegal discrimination because of his disability and was prevented from practicing his religion.” Lefkowitz, along with his sons, Levi and Moshe, “all use wheelchairs and live together in Westlake Golf and Country Club,” according to the complaint filed yesterday.

As a result of the alleged discrimination, the Lefkowitzes claim in their suit that the “Westlake Master Association, the community’s managing body, and nine members of the board of trustees violated the federal Fair Housing Act and New Jersey Law Against Discrimination, as well as the community’s own governing documents.”

But what happened? How were they discriminated against, exactly? Well, the family argues there are two issues included in the suit, and both have to do with their Orthodox Jewish faith. For starters, the Lefkowitzes are the “only Orthodox Jewish family living in the development.” During their time living at the Westlake Golf and Country Club, they were allegedly “denied requests to build a sukkah and an enclosed porch that would have served as a sukkah on their property,” the lawsuit states. For those who don’t know, “during the Jewish holiday of Sukkot, which occurs in the fall, observant Orthodox Jews erect temporary structures called sukkahs near their homes and businesses where they eat and sleep.”

It’s important to note, however, that the Westlake board does indeed allow sukkahs. However, the “permitted size was too small to accommodate Lefkowitz, his two sons, and their wheelchairs,” the lawsuit argues. Then, when the family “attempted to build a screened porch that could serve as a sukkah,” that was allegedly denied as well.

In addition to the sukkah issue, the Lefhowitzes argue that the association board refused to allow them to “use a gate that would allow them easier passage to a relative’s home on the Sabbath, and refused to install a wheelchair-accessible route to the gate.” Instead, the family has to “travel in their wheelchairs more than a mile on busy roads that in some parts do not have sidewalks.”

Image of the United States District Court for the District of New Jersey Seal
United States District Court for the District of New Jersey Seal; image courtesy of the United States Federal Government via Wikimedia Commons, https://commons.wikimedia.org

As a result of the potential risks of traveling in such a manner, Rabbi Lefkowitz has had to miss weekly prayer groups. Considering the fact that “adherents to the Orthodox Jewish faith do not drive on the Sabbath and many religious holidays,” he and his family have been unable to drive to the prayer groups.

Shortly after filing the suit, Rabbi Lefkowitz said doing so was his “last resort after two years trying to find some possible way to work it out with the neighborhood.” He added:
“I don’t want to go to court but, at every turn, I get the same nonsense. I should have my rights respected as an American citizen. I have rights just like everyone else and my rights are clearly covered by the law and I expect them to honor those rights.”

The lawsuit hopes to win approval for the construction of a “screened porch that may be used as a sukkah.” It would also like to see the community “install a gate and pathway that allow the Lefkowitzes’ to observe their religious commandments.” Additionally, the suit is seeking “compensatory and punitive damages and legal fees.”

Sources:

Jackson rabbi files discrimination lawsuit against Westlake adult community

Rabbi Files Suit Against Active Adult Community

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