by Jayla Ward and Jorge Gomez • 4 minutes
The Loggers’ Run HOA in Boca Raton, Florida thought it could get away with anti-Semitism.
But a federal district court said, “Not so fast.”
First Liberty sued the HOA in federal court last spring for discriminating against Jewish residents. The association tried to get the lawsuit thrown out, thinking it could escape responsibility.
This is the same HOA that at one point admitted it “did not want religious Jews” in the neighborhood. One of the managers even said they “should have ended your kind in the 1930s.”
This past week, a federal judge said “NO” to the HOA’s attempt to dismiss the case.
That’s huge. It clears the path for the case to move forward—to make sure we can hold the HOA accountable for its illegal actions and horrible mistreatment of our clients, Rabbi Naftaly and Henya Hertzel.
“We are grateful the court denied this motion to dismiss,” said Jeremy Dys, Senior Counsel for First Liberty. “The HOA’s leadership has engaged in open antisemitism against Rabbi Hertzel and created a hostile environment for Jewish residents living in their community.”
For years, the HOA has made life difficult for the Hertzels. They’ve been subjected to anti-Semitic insults by members of the HOA. Not to mention, the HOA has abused its own rules and put up all kinds of barriers to keep Jewish residents from gathering in the Hertzels’ home.
The Hertzels have lived under the Loggers Run HOA for 14 years and provide the only religious services for Jewish residents in a six-mile radius. For the Orthodox Jewish community, being able to walk to a synagogue is essential. Their sincerely held beliefs prevent them from driving on the Sabbath and Jewish holidays.
So, the Hertzels attempted to establish a permanent synagogue in the neighborhood. The congregation currently meets in a storefront shopping center nearby as well as in the Hertzels’ home. To better accommodate the congregants, the couple purchased a neighboring home.
In 2017, they submitted a proposal to build a synagogue near several churches in the neighborhood. When Henya specifically requested the proposal be considered, board members did not bring the proposal up for a vote or even talk about it.
Ever since, the association has continued to harass the Hertzels.
On virtually every front, the HOA treated the Hertzels worse than their neighbors. Some host multiple weekly meetings for a Baptist church, including Bible studies twice a week. But the HOA made clear the Hertzels could not use the new house for similar religious activities.
Vandals knocked down religious symbols, spray-painted property, broke windows, flew drones over their home, and screamed anti-Semitic slurs outside while meetings and religious gatherings were being conducted.
When some of the Jewish residents tried to run for the HOA board, the board president campaigned saying that the “Jews are trying to take over” and to not vote for them.
What the HOA is doing is patently illegal. In fact, our lawsuit explained to the court that the HOA is guilty of 10 different violations of our clients’ rights.
The judge determined we have a legitimate claim on each count.
First Liberty is not going to let this HOA go unchecked.
If there’s something we should all agree on, it’s that anti-Semitism has no place in our country. Plus, allowing people to worship peacefully is Constitution 101. Worshiping in a private home is one of our most sacred and protected rights.
The Courage to Stand for What’s Right
Rabbi Hertzel has shown tremendous courage. He and his congregation need your support. Holding this HOA accountable won’t be easy, and your gift to First Liberty can make a huge difference in the next phase of this legal battle.
Will you show courage and help First Liberty win this case so our clients can once again be free to worship and live out their faith peacefully?
Please give to First Liberty today.
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