Rabbi Naftaly Hertzel

For four years, Rabbi Hertzel and his family lived in the West Boca Raton community of Loggers’ Run without any issues with their HOA. That changed in 2015 when the Hertzels approached the HOA Board about acquiring land within the HOA to build a larger synagogue to serve the local Jewish community.

Although the congregation has been able to meet in a small storefront Chabad location for services and at Rabbi Hertzel’s home for other events, the size of these existing venues often limits the congregation.  Thus, the Hertzels hoped to acquire land to build a permanent meeting location that could more easily accommodate the number of congregants that they serve in a central location. For the Orthodox Jewish community, access to a synagogue within walking distance is essential, as their sincerely held religious beliefs prevent them from driving to religious services on the Sabbath and Jewish holidays.

Numerous Christian churches meet within the HOA’s territory and have even purchased land from, or been gifted land by, the HOA for their permanent buildings. The Hertzels had no reason to expect the negative responses and retaliatory behavior that followed.

Unfortunately, once the HOA board learned of the Hertzels’ desire to build a synagogue, the once-cordial relationship with the HOA quickly soured. They faced an antisemitic campaign marked by harassment and obstruction to prevent the construction of a synagogue and keep the Hertzels and other Orthodox Jews off the HOA board.

Actions by the hostile HOA board included excessive enforcement of rules against Orthodox Jews while ignoring violations from neighbors. When attempting to retain his elected position on the HOA board, in 2018 the then-HOA president sent emails to residents in the association Eventually he went door to door warning people that “the Jews are trying to take over.” An HOA manager told the Hertzels outside their home that they, “should have ended them [the Jews]” back during the Nazi time period.

As a result of the ongoing persecution, the Hertzels and their children have feared for their safety in their own home. Indeed, the State of Florida gave them a large security grant to build a fence around their home and install security measures. The HOA’s actions have made it difficult for the Hertzels to safely enjoy their own home and serve their neighbors.

In December 2023, First Liberty and attorneys from Jones Day and sent a demand letter to the HOA urging it to stop the illegal actions against the Hertzels.  In May 2024, after the HOA refused to cooperate, the law firms filed a federal lawsuit.

Then in June 2024, the HOA filed a Motion to Dismiss and a Motion to Strike. Judge Cannon denied both the Motion to Strike in November 2024 and the Motion to Dismiss in July 2025.

“We are grateful the court agrees that this case must continue,” said Jeremy Dys, Senior Counsel for First Liberty Institute. “The HOA’s leadership has engaged in open antisemitism against Rabbi Hertzel and created a hostile environment for Jewish residents living in their community.”

As Judge Cannon noted in her decision: “Upon full review of the Motion, and with the benefit of extensive oral argument, the Court concludes that Plaintiffs have plausibly stated claims for each of the ten counts alleged in the Amended Complaint under the associated substantive law applicable to each claim. The Court also concludes that none of Defendants’ proffered affirmative defenses provides a basis to dismiss any of Plaintiffs’ claims at this stage.”