Permit denied for Chabad in the park

Litigation looms over Leonard Park religious service request

By MARTIN WILBUR

A controversy has erupted between Chabad of Bedford and the Village of Mount Kisco after the municipality’s Recreation Commission denied the religious group a permit to hold a Rosh Hashanah service in Leonard Park.

On Tuesday evening, the Village Board authorized the village attorney to seek outside counsel on the matter after a letter last month from an attorney representing Chabad of Bedford threatened a federal lawsuit unless the matter is reconsidered.

Rabbi Arik Wolf, who applied for the permit to hold the Tashlich service in the park with his wife, Sara, said he is optimistic the issue can be resolved without litigation. Tashlich is a roughly 20-minute ceremony held on Rosh Hashanah, the Jewish New Year, when members gather to throw bits of bread into a stream or river to cast away their sins. The holiday begins the evening of Monday, Sept. 22.

“We expect the Village of Mount Kisco will do a little bit of research and realize and learn about the law and the legalities of denying us and will issue their permit,” Wolf said. “Putting all the legalities aside, the fact is that this is a community of people denying one use in the town because it’s religious, sounds to me un-American.”

While village officials were hesitant to answer questions about the matter, the main issue appears to be that the commission denied Chabad’s request in accordance with Leonard Park’s 1941 deed that restricts religious activity on the grounds.

However, Trustee Tom Luzio, who abstained from the vote to obtain outside counsel because of lack of information, said he doesn’t believe a deed can exclude constitutionally protected rights under the state and U.S. constitutions.

“I’m sure there were many deeds in the South in the Jim Crow days that said parks would be for whites only,” Luzio said. “I’m pretty sure the deed is still effective, but that clause is unlawful. I’m not saying that clause is unlawful, I just want the attorney to take a look at it, and I think we should want to discuss it further in advance of Rosh Hashanah.”

In an Aug. 18 letter to Mayor J. Michael Cindrich, Recreation Commission Chair Christine Dennett and Superintendent of Parks & Recreation Kyle Thornton, attorney Lauren Israelovitch from the National Jewish Advocacy Center, stated that the deed for Leonard Park does not contain a blanket prohibition on religious uses. Rather, the prohibition covers “permanent or temporary buildings or structures for memorial, religious or educational purposes.”

“The Tashlich service does not involve any structures, amplification, or religious display — only a peaceful, open-air gathering near water,” Israelovitch wrote. “As such, it falls squarely within the category of ‘ceremonies’ contemplated and permitted by the Deed. The assertion that the Deed categorically prohibits all religious activity in the park finds no support in its text.”

Her letter lists a secondary reason for the denial is that Chabad of Bedford, located at 220 South Bedford Road, is not located in the village. Israelovitch stated the address is irrelevant and that Wolf and his wife are Mount Kisco residents.

Over the past week, there were a barrage of emails to village officials and social media posts weighing in on the controversy. Cindrich, who at Tuesday’s meeting called some of the posts “demoralizing,” said he stands by all the residents who volunteer their time to help the village.

“The boards have a charge to do a job and we’re going to continue to support that, as far as I’m concerned, and as long as I’m part of Mount Kisco, and as long as I’m alive I will support their decisions unless I can prove otherwise that they did something illegal,” Cindrich said.

Cindrich, Deputy Mayor Theresa Flora and Trustee Angie Garcia-Guerra voted to retain outside counsel. Trustee Karen Schleimer told The Recorder she voted against the resolution because she wanted to ensure the board has an opportunity to interview whatever outside counsel is considered to represent the village.

Wolf said Chabad of Bedford had been granted a permit for the service for at least the past six years. He said because the Recreation Commission issues the permits for the park, he has always applied to that body, but that he was surprised at the denial without any forewarning or explanation.

“There’s never been an issue, and they’ve always been incredibly accommodating,” Wolf said.

Warren Gottlieb, a New Castle resident and a member of Chabad of Bedford, said he was disturbed by the commission’s decision and was hopeful it would be corrected. At Tuesday’s meeting, he told the Village Board that his comments were not an attack on anyone’s integrity but he sought answers as well and wanted to shed light on what this means for some members of the local Jewish community.

“This is not a great time for us, and never again means something to us, and unfortunately now, if we feel we’re being pushed out of a public space, you’re going to get this reaction, and it’s not personal,” Gottlieb said.

Cindrich acknowledged that while the village is unable to reveal details, there will be a greater explanation in the future.

“There will be a full disclosure of what’s transpired in the past few years,” he said.