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Meet Chabad of Irvine

Located in Irvine, California, Chabad of Irvine is deeply committed to serving the local Jewish community. The synagogue has served the area since 1979, offering ministries like counseling, hospital visitations, clubs for young children and adults, religious education and more.

Every year in preparation for Yom Kippur, the holiest day on the Jewish calendar, Chabad of Irvine follows Jewish tradition and performs the kaporos ceremony, where the atonement of sins is contemplated through prayer and the kosher killing of a chicken, reminding participants of their own mortality.

Such kaporos ceremonies are common among Jewish communities across the nation and the world and have been a core aspect of celebrating Yom Kippur for over 1,000 years.

A Religious Practice Attacked

On September 29, 2016, the Maryland-based animal rights organization United Poultry Concerns (UPC) filed a lawsuit against Chabad of Irvine in an attempt to stop the synagogue from performing the kaporos ceremony.

Days later on October 7, a California federal district court issued an ex parte Temporary Restraining Order that banned Chabad of Irvine from holding their kaporos services. The Court set a hearing date for October 13. Yom Kippur ended on October 12, 2016.

First Liberty Legal Action

First Liberty Institute appeared as Chabad of Irvine’s legal representation on October 11, 2016, filing a brief with the federal district court on behalf of the synagogue. Read the brief.

“This drastic judicial measure has prevented people in the Jewish community from fully exercising their faith on Yom Kippur,” said Hiram Sasser, Deputy Chief Counsel for First Liberty. “We cannot allow a special interest group to trample on the religious rights of the Orthodox Jewish community.”

In the brief, First Liberty and synagogue leaders ask the court to lift the Temporary Restraining Order and allow members of Chabad of Irvine to practice their faith during Yom Kippur.

Last Second Relief

Less than three hours prior to the start of Yom Kippur, First Liberty and its volunteer attorneys with the international law firm of WilmerHale appeared on behalf of Chabad of Irvine before a federal district judge, asking the judge to lift the Temporary Restraining Order. After a lengthy argument, and with less than twenty minutes before the start of Yom Kippur, the judge lifted the order, freeing Chabad of Irvine to perform the kaporos ritual.

“Since being retained by Chabad of Irvine on Monday evening, our legal team has literally worked around the clock to preserve the free exercise of this Jewish community,” said Hiram Sasser. “This is a significant victory for people of all religious beliefs.”

Federal District Court Case Dismissed

On May 12, 2017, a U.S. District Court judge granted a legal victory to the Chabad of Irvine, dismissing the lawsuit brought against the synagogue. Read the full order here.

“We are overjoyed that the judge saw the wisdom of protecting our ability to practice a cherished tradition of our faith,” Rabbi Alter Tenenbaum, the rabbi of the Chabad of Irvine, said. “We hope this victory will encourage everyone to live in peace and tolerance of everyone’s religious beliefs.”

“No one should attack a synagogue for peacefully practicing a tradition they’ve observed for over 1,000 years.” Hiram Sasser, Deputy Chief Counsel for First Liberty Institute and co-counsel for the synagogue, said. “This is a great victory, not only for the synagogue, but for all Americans who value our constitutional freedoms.”

State Court Victory

First Liberty also defended Chabad of Irvine on June 20, 2017 from a state-level lawsuit. On June 23, 2017, a California state court rejected an animal rights organization’s challenge to the synagogue’s religious practices. Read the decision here.

“Targeted attacks on a religious sect should be rejected by every American,” Stephanie Taub, First Liberty Counsel said. “Protecting a millennia-old religious tradition is a victory, not just for the Chabad of Irvine, but for all Californians.”

Had the lawsuit been successful, the synagogue’s religious ceremony would have been declared a “business practice,” putting at risk the religious practices of every mosque, church, temple, synagogue, or house of worship.

Legal Battle Continues

On May 15, 2017, United Poultry Concerns (UPC) filed for an appeal on the dismissal of the District Court case. First Liberty’s brief before the U.S. Court of Appeals for the Ninth Circuit is due in November.

On September 14, 2017, another attempt to halt the religious ceremony was denied when the U.S. Court of Appeals for the Ninth Circuit rejected the activists’ motion for an injunction pending appeal.  This was the third time in less than 12 months that attorneys with First Liberty Institute have protected Chabad of Irvine’s right to freely exercise its faith.

Press Release
For Immediate Release: September 14, 2017

Contact: Abigail Doty, media@firstliberty.org

Direct: 469-440-7598

 


 

NINTH CIRCUIT REJECTS ACTIVISTS’ SNEAK ATTACK ON SYNAGOGUE DAYS BEFORE HIGH HOLIDAYS

First Liberty Institute halts efforts to stop ancient religious ritual for the third time

 

IRVINE, CA—Today, the U.S. Court of Appeals for the Ninth Circuit rejected yet another effort by activists to prevent Chabad of Irvine, an Orthodox Jewish synagogue represented by First Liberty Institute, from exercising its faith through a historic Jewish ritual that takes place before Yom Kippur. The Court issued an order denying the activists’ motion for an injunction pending appeal. The latest ruling is the third time attorneys with First Liberty Institute have protected their client’s right to freely exercise its faith in less than twelve months.

“The First Amendment guarantees the right of this synagogue to practice its historic faith,” Stephanie Taub, Counsel First Liberty says. “When will these animal rights activists learn that they cannot use the courts to intimidate this synagogue?”

The ruling comes just two days after related activists filed still another lawsuit in which they announced the right to “effectuate a private persons arrest” of Orthodox Jews who are exercising their First Amendment rights through the ancient ritual.

“These activists know no bounds,” says Taub, “Since they cannot win in court, now they’re claiming the right to physically arrest their fellow countrymen for practicing their faith.”

Attorneys with First Liberty will continue to defend the Chabad of Irvine before the California Court of Appeal for the Fourth District and the U.S. Court of Appeals for the Ninth Circuit.

For more on this case, visit FirstLiberty.org/Chabad.

 

About First Liberty Institute

First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

To arrange an interview, contact Abigail Doty at media@firstliberty.org or by calling 469-440-7598.

To download this press release, please click here.


Press Releases

First Liberty Press Release – 06/23/17

First Liberty Press Release – 05/15/17

First Liberty Press Release – 10/11/16

10/07/16 — Court Order Granting Ex Parte Application for a Temporary Restraining Order

10/11/16 — Court Order Dissolving Temporary Restraining Order

10/11/16 — Defendants’ Motion to Dissolve Temporary Restraining Order — Chabad of Irvine and Rabbi Alter Tenenbaum (Defendants)

11/07/16 — Defendants’ Motion to Dismiss Complaint — Chabad of Irvine and Rabbi Alter Tenenbaum (Defendants)

11/07/16 — Defendants’ Anti-SLAPP Motion to Strike Complaint — Chabad of Irvine and Rabbi Alter Tenenbaum (Defendants)

12/26/16 – Plaintiff’s Motion for Preliminary Injunction – United Poultry Concerns (Plaintiff)

01/02/17 – Defendants’ Response to Plaintiff’s Motion for Preliminary Injunction – Chabad of Irvine and Rabbi Alter Tenenbaum (Defendants)

01/03/17 – Plaintiff’s Opposition to Defendants’ Motion to Dismiss Complaint – United Poultry Concerns (Plaintiff)

01/03/17 – Plaintiff’s Opposition to Defendants’ Anti-SLAPP Motion – United Poultry Concerns (Plaintiff)

01/09/17 – Defendants’ Reply in Support of Motion to Dismiss Complaint – Chabad of Irvine and Rabbi Alter Tenenbaum (Defendants)

01/09/17 – Defendants’ Reply in Support of Anti-SLAPP Motion to Strike Complaint – Chabad of Irvine and Rabbi Alter Tenenbaum (Defendants)

01/09/17 – Plaintiff’s Reply in Support of Motion for Preliminary Injunction – United Poultry Concerns (Plaintiff)

01/20/17 – Court Order Granting Defendant’s Motion to Dismiss Under Rule 12(b)(1)

05/12/17 — Court Order Granting Defendant’s Motion to Dismiss — Chabad of Irvine and Rabbi Alter Tenenbaum (Defendants)

6/23/17 – California State Court Statement of Rulings

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