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Federal Court Clears Path for Lawsuit Against Florida HOA for Discriminatory, Antisemitic Actions

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July 22, 2025

 News Release
For Immediate Release: 7.21.25
 Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453

 Federal Court Clears Path for Lawsuit Against Florida HOA for Discriminatory, Antisemitic Actions
The Orthodox Jewish community has faced relentless vandalism, discrimination, and unlawful treatment from HOA and surrounding homeowners.

Boca Raton, FL—Federal Judge Aileen M. Cannon rejected an effort to dismiss Rabbi Naftaly and Henya Hertzel’s lawsuit brought by First Liberty Institute and the law firms Jones Day and Lawson Huck Gonzales.  The suit alleges that the Loggers’ Run HOA has repeatedly created a hostile housing environment for the Hertzels through selective rule enforcement, ignoring violations by other residents, and hurling antisemitic insults at Jewish residents.

“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.”

The HOA has demonstrated a long history of harassment and discrimination against the Hertzels. In 2017, the Hertzels submitted a proposal to build a synagogue near several churches within the HOA area, clearly within their rights and the local zoning laws. No board member ever brought the proposal up for a vote and members refused to consider it. The HOA board told the Hertzels on one occasion that they “didn’t want Jews” in Loggers’ Run and the HOA manager told them that they “should have ended them [the Jews]” back in Nazi time period. Vandals have knocked down religious symbols, spray-painted buildings, broken windows, flown drones over their home, and screamed antisemitic slurs outside their home while meetings were being conducted.

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.”

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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.

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