Chabad Lubavitch of the Beaches, Inc. v. Village of Atlantic Beach

Case Name:

Chabad Lubavitch of the Beaches, Inc. v. Village of Atlantic Beach

Case Status: Active

Court: U.S. District Court for the Eastern District of New York

Clinic Involvement: Counsel

About the Case:

In November 2021, an Orthodox Jewish community, Chabad Lubavitch of the Beaches, bought property in the Village of Atlantic Beach so it could open a center for Jewish programming, education, and worship. The property had been sitting vacant and for sale for several years, yet within weeks of Chabad’s purchase, and just two weeks after Chabad held a public Hannukah celebration at the property, Village officials announced plans to seize the property to build a lifeguard center and other facilities.

Together with First Liberty Institute and Sidley Austin, the Religious Freedom Clinic took action, filing a complaint and preliminary injunction motion to stop the Village from taking the property so Chabad could practice its faith freely.

On September 6, 2022, the federal district court judge granted a preliminary injunction, enjoining the Village from proceeding with the land seizure while the lawsuit remains pending. The court ruled that in light of all the evidence presented, “the Village’s acquisition decision was made in a manner intolerant of Chabad’s members’ religious beliefs and which would restrict Chabad’s practices because of its religious nature.”

The case is proceeding in district court.

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