The city of Miami Beach has reached a settlement agreement, agreeing to pay $1.3 million to Congregation Bais Yeshaya D'Kerestir, a small Orthodox synagogue. The congregation had accused
the city of discrimination, alleging that city inspectors had visited their premises multiple times per week over a two-year period. As part of the settlement, the congregation has agreed to make changes to its parking and noise practices.
The dispute centered around whether the congregation, which holds services in a single-family home owned by Rabbi Arie Wohl, should be classified as a religious institution or a private gathering. The congregation argued that since its services are invitation-only, the building's use should be treated similarly to any other private residence and not subject to excessive scrutiny by city inspectors. The city, on the other hand, claimed that the congregation was operating a religious institution in violation of zoning laws.
The city cited code violations and neighbor complaints as reasons for their repeated inspections. It also clarified that inspections related to pandemic restrictions were conducted remotely by driving by, rather than physically visiting the property. While the city maintained that it enforces the city code without discrimination, it decided to settle to avoid a prolonged legal battle.
Under the terms of the settlement, the synagogue must improve the condition of its driveway, refrain from using outdoor speakers for prayer activities, and limit the number of parked cars in the area outside the property. Both the city and the congregation have agreed to a new process to address future code violations, and the congregation has committed to not applying for a religious tax exemption at the property.
Miami Beach, with a Jewish population of about 20,000, has seen its Jewish community decline in recent years. The settlement reflects the city's support for religious celebrations and faith in the community. The case of Congregation Bais Yeshaya D'Kerestir is not an isolated incident, as other synagogues in different locations have faced zoning challenges and legal battles. Photo by Visitor7, Wikimedia commons.