February - March 2003 Edition

A Tree.  A Wreath.  The Menorah  By Chris Neidenberg Passions within Fair Lawn's large Jewish community were stirred again this past holiday season over whether the municipality should allow a Chanukah menorah on the Borough Hall grounds. Rabbi Levi Neubort, who heads the Anshei Lubavitch Congregation on Plaza Road, told elected officials it was time that they finally see the light in letting sympathetic borough Jews "celebrate our season". He asked that it consent to putting an electric menorah decoration on the municipal building's front lawn on Fair Lawn Avenue. But, the menorah stayed on the Jewish War Veterans property, off Plaza Road. As usual, though, local officials did participate in the lighting ceremony. Armed with a petition, Rabbi Neubort proudly stationed a prototype right near the microphone during a passionate address to the Borough Council, in defending why this symbol is deserving of equal treatment as a government-allowed display. He said allowing the menorah to glow on the lawn would assure this holiday's most important symbol adorns municipal property right next to its lit Christmas tree and other seasonal displays. Yet while spurred by a Christian celebration, Christmas trees are considered more secular by Fair Lawn's council - under precedents (it contends) recent federal court decisions set. This annual debate has produced differences even within Fair Lawn own Jewish community. In recent years, some congregations, particularly Lubavitchers, have failed to understand why elected municipal councils see allowing the display as the government's endorsing a faith. Yet the Fair Lawn Jewish Council - comprised of members from different synagogues - has historically backed the local government's view. While Neubort's request seems simple on the surface, Mayor David L. Ganz and Borough Attorney Richard Lustgarten insisted that the reasons for rejecting it are quite profound. Lustgarten admitted to Neubort that he once authored an opinion (in 1989) contending that the menorah - as stationed on public property - is "harmless." But he noted that it was written before more recent court decisions rendered it obsolete. Lustgarten cited a more recent opinion, issued in 2000, where he reversed himself based on the ever-evolving case law. Neubort tried framing the debate in terms of what, he considered, simple logic. The rabbi asserted that government's acknowledging the menorah is no different than its promoting celebrations for Halloween, Thanksgiving and Christmas.  Neubort further asserted that even Halloween and Thanksgiving have religious origins. "The public schools have costume affairs. The borough has costume parties," said Neubort. "Do such observances constitute a violation of (the separation of) church and state? Should these observances be stopped -- certainly not." He maintained that a similar rationale should simply extend to Chanukah. "Our position is this festival presents no conflict in this case," said Neubort. "We don't deny that, for observant Jews, Chanukah is a religious holiday - and the observance of the menorah is a religious observation " Yet Neubort insisted that the town green's historic displays showing Christmas trees and candles are "unquestionably religious" as well. Lustgarten, citing his own 2000 opinion and more recent court decisions, rejected this view. Citing a case involving the City of Pittsburgh, the municipal lawyer explained that the courts have recently placed menorahs in a category classifying them as "religious" symbols akin to Christian Nativity scenes (depicting the Lord's birth) - which Fair Lawn does not permit. This, even though many other communities do display the fabled scene, along with menorahs. But in further alluding to case law, Lustgarten said the many municipalities now displaying overt religious symbols severely risk having to let "hate groups," such as the Ku Klux Klan (with its Latin cross) and the American Nazi Party (swastikas), display these ominous emblems inside public space. Neubort countered that no such requests would be made - or tolerated - in Fair Lawn. "You might have people (come forward) wanting to say, 'We support Hamas,' or, 'We support al Quaeda," warned the attorney, referring to Islamic terrorist groups, the latter linked directly to the Sept. 11 (2001) attacks. Deputy Mayor for Community Affairs Martin Etler concurred with Lustgarten. "In my opinion, any religious ornament on public property is a violation of the separation of church and state," he told Neubort. "And, I am a strong advocate of the separation of church and state." This local debate has received even wider publicity than previous years. Mayor Ganz and Rabbi Neubort appeared separately on a WOR AM radio morning show, to argue their positions. The five council members failed to offer a motion, as offered by Rabbi Levi Neubort, supporting posting a menorah in front of Borough Hall. Neubort said that even if it was too late to set up a menorah this year, the council should have still voted on the question so each member goes on record for 2003. Ganz, who controls how meetings are conducted, immediately shot down the request. "It's not going to be voted on this evening, that's for sure," said a determined mayor. "It would not be in line with what is (borough) code." Ganz explained that, under borough bylaws, council members must first propose such resolutions before they can be put on any meeting agenda. Thus Neubort and other Fair Lawn Lubavitchers, who have perpetually raised this controversial request, must wait until at least until the next holiday season to revive the debate. Photos above show Municipal Building's 'holiday tree' and 'holiday wreath'.