Chabad wins permit for service in park

Rec Commission reverses course after its initial denial sparked controversy

By MARTIN WILBUR

The Mount Kisco Recreation Commission granted Chabad of Bedford a permit Wednesday evening to hold a Rosh Hashanah ceremony in Leonard Park, reversing course after its initial decision sparked controversy and drew ire from some community members.

Following the hiring of outside counsel by the Village Board on Sept. 2 and a multitude of social media posts in recent weeks, the commission voted to give Chabad the permit to hold the Tashlich service at Leonard Park during the holiday. The commission had previously cited the park’s deed, which it argued prohibited religious activity.

The roughly 20- to 30-minute ceremony involves quiet reflection and the symbolic casting off of sins into a stream or river. Rosh Hashanah, the Jewish new year, begins at sundown on Monday, Sept. 22.

“The action of the Recreation Commission last night and the information given to the Recreation Commission and the Village Board, it was also a legal decision based on what the lawyers provided to the community,” Mayor J. Michael Cindrich said Thursday morning.

Chabad of Bedford Rabbi Arik Wolf, who along with his wife, Sara, applied for the permit, said last week that the congregation had been routinely granted permission to hold the ceremony each year for at least the past six years. 

In a message to the community on Thursday, Wolf, who along with his wife, Sara, applied for the permit, thanked all parties who helped bring an amicable resolution. 

Earlier in the day on Wednesday, Chabad’s attorney, Lauren Israelovitch, told The Recorder that unless the commission granted a permit by the end of the week, they were headed to court to seek injunctive relief.

“When I heard the news last night, I turned to my daughter and told her: The episode is a reminder that we stand up for what is right and for what we believe in, and we fight for it if necessary,” Wolf stated. “While fighting is uncomfortable and only a last resort, putting our heads in the sand and pretending the discrimination doesn’t exist, or excusing it, is a moral failing.”

Cindrich and others had steadfastly defended the volunteer commission’s action, slamming any notion that its members’ decision was antisemitic, as had been suggested in some social media posts. Among the commission’s members is his wife, Linda.

“In any of their actions there was no discrimination, any preference to any religious group,” Cindrich said Thursday morning. “The fact is the regulations didn’t comport with some of the more recent rulings with the courts.”

Assemblyman Chris Burdick (D-Bedford) said Cindrich had reached out to him to help mediate the dispute, which began brewing late last month following a letter from Israelovitch threatening legal action. Burdick had suggested to Cindrich that the village hire outside counsel so officials could receive advice from a law firm that has expertise in deed transactions.

In the past, the permit had been issued to Chabad informally by the Recreation Department without a vote by the commission. On Monday, Chabad had refiled a permit request to the commission, in time for its Wednesday evening meeting, Burdick said.

He applauded the parties, in particular Cindrich and Wolf, for sitting down and finding a solution.

“I credit them both with having a very respectful conversation and dialogue so that it could assist in coming to an amicable resolution,” Burdick said.

Earlier in the week, Deputy Mayor Theresa Flora said the village was looking to reach an agreement with Chabad as Rosh Hashanah was quickly approaching. She also criticized those in the community who had charged that the denial was somehow fueled by antisemitism. 

Flora vigorously defended the Recreation Commission, which made the decision.

“This particular issue is very sensitive because there are very good people who are volunteering,” Flora said. “It’s alluded to that they’re antisemitic, discriminatory and it’s not just insulting to them, it’s damaging to them health-wise, it’s damaging them at their employment.”

The issue also caused strain and disagreement on the Village Board. Trustee Tom Luzio, who abstained from the Sept. 2 vote to retain outside counsel because of a lack of information provided to the full board, posted on his Facebook page Monday afternoon that he had called into question the constitutionality of the commission’s decision. 

His calls to his board colleagues for an emergency meeting this week to resolve the issue were ignored.

“This has gone on too long,” Luzio posted. “These folks should be allowed to plan for Rosh Hashanah. We followed the law in the past, allowing for these services, as well as religious wedding ceremonies and Easter egg hunts. Many of you have mentioned this to me.”

Following this episode, Cindrich said the village still has more work to do. He said he would like the Village Board to codify rules and regulations, including permissible uses at Leonard Park, so the public will have a clear understanding of what is allowed.

Martin Wilbur has more than 30 years’ experience covering local news in Westchester and Putnam counties, including having previously served as editor-in-chief of The Examiner.