NEW YORK TOWN SUED FOR FLYING ISRAELI FLAG
A GROUP OF ANTI-ZIONIST ORTHODOX JEWS IS SUING THE TOWN OF RAMAPO FOR FLYING ISRAEL'S NATIONAL FLAG FROM ITS TOWN HALL.
The Town of Ramapo hung an Israeli flag on its Town Hall on Oct. 12 and vowed to keep it there “until the war ends in Israel.” Its being sued by an anti-Zionist town resident. Photo credit: Town of Ramapo via Facebook.
THE FREE LANCE NEEDS YOUR DONATIONS TO SURVIVE. DONATE HERE
June 5, 2024
A New York town is flying the Israeli national flag from a flag-pole in front of its town hall in violation of state law.
So says a lawsuit filed by a leader of a group of Orthodox Satmar Jews opposed to Israel who live in the Rockland County town of Ramapo. The town is in a cluster of Rockland towns that a thriving community of other Orthodox Jews call home. Many of the other Jews are not Satmar and support Israel.
The suit was filed in State Supreme Court last March. It will be submitted to Judge Hal B. Greenwald for decision on Thursday.
"There is widespread opposition to the state of Israel," the Satmar rabbi's legal complaint says, and "the public use or display of any of its signposts such as its flag and/or the sacred Star of David."
"This opposition is particularly painful now because of Israel’s current war," the suit explains, "and the tactics used by it in Gaza and upon its millions of Palestinians.”
Ramapo has been flying the Israeli flag since a cross-border raid by Palestinian militia from the Gaza Strip into Israel killed 1,200 Israelies on Oct. 7, 2023. About 250 Israelies and some foreign workers were also taken captive.
In response, Israel invaded and is bombing much if not most of Gaza to rubble. Israel has also killed at least 36,586 Palestinians and wounded another 83,074, so far, according to the latest figures from the Palestinian National Authority. Most of those killed were women and children.
Ramapo originally displayed the Israeli flag on the side of its town hall on Oct. 12, according to a Oct. 12 Facebook post. A Dec. 22, 2023 proclamation by Ramapo Town Supervisor Michael B. Specht, said it was done "in support and solidarity with the people of Israel who lost their lives, were injured, or were taken from their homes."
“The flag will stay up until the war ends in Israel,” the town’s Oct. post said.
It was stolen off the wall a month later.
Alter Goldberger, 75, whose parents met in a concentration camp, and Yehonatan Ovadia, 32, were charged with criminal mischief, petit larceny and conspiracy, all as hate crimes--even though they were Jewish. They pleaded guilty to disorderly conduct and paid $25 each, for the cost of the flag.
After that, and in response to complaints, Ramapo removed the Israeli flag from the building and hung it from a flag-pole in front of the building.
That didn't stop thieves from stealing it again. No one was caught this time.
At least two other Rockland County towns, Clarkstown and Haverstraw, also flew the Israeli flag.
A teen swiped the Israeli flag flying in front of the Clarkstown town hall in a dramatic daylight heist on Thanksgiving. The 15-year-old climbed the flag-pole shortly after noon. He was arrested running away, flag in hand, Rockland Daily reported.
Shtetl, an independent Haredi news blog, reports many Jewish Rockland county residents do support Israel, "though they may not describe themselves as Zionists." There's also "a much smaller group" who "identify as anti-Zionist."
The two groups clashed last week outside a synagogue in Monsey, another Rockland town dominated by Haredi, where Yehuda Alon, a farmer and Israeli military veteran, spoke about the war.
In Ramapo back in Mar., Rabbi Leibish Iliovits sued the town and town supervisor Specht. The rabbi is represented by lawyers Jonathon Wallace and Stanley L. Cohen.
The core of Iliovits' legal complaint is Section 141 of New York's Public Buildings law, which says: "It shall not be lawful to display the flag or emblem of any foreign country upon any state, county or municipal building."
Cohen told The Free Lance the law dates back to the 19th Century and was directed at the display of Irish flags on public buildings. Despite its age, its never been interpreted by a court. The case is one of first impression, Cohen says.
Ropes & Gray, a law firm with 14 offices on three continents filled with 1,500 legal sharks, is defending the town for free.
“We think it’s an interesting case," the firm told Specht.
According to the firm's 21-page motion to dismiss, Iliovits' lawsuit is moot since the town moved the flag from the building to a pole in front of the building and Section 141 bans the display of foreign flags only "upon" a public "building."
In any event, the town argues in the alternative, Section 141 has an exception that allows it to fly the Israeli flag in honor of Israeli "guests" of the town so recognized by proclamation.
The Town of Ramapo is flying the Israeli flag from its Town Hall to honor Miri Ben Ami, mother of Yosef Ohana, 23, taken captive during a cross-raid into Israeli by Palestinian militia on October 7, 2023. Photo credit: via Instagram.
Specht, the town supervisor, issued just such a proclamation recognizing "Miri Ben Ami, mother of Yosef Ohana, age 23, who was kidnapped from the Nova music festival during the Hamas terror attack on October 7, 2023." According to the Dec. 22, 2023 proclamation, Ben Ami "attended many events in the Town of Ramapo."
Ben Ami appears to have returned to Israel months ago, based on public news reports and social media posts.
Attempts to reach Specht by telephone were not successful and a voicemail was not returned. Michael Ardeljian, one of the Ropes & Gray lawyers representing the town, did not reply to an email seeking comment.
Neither the rabbi nor the town address another state law, the Executive Law, which seems to apply.
Section 403 does not allow the display of foreign flags "in place of, the flag of the United States." Section 402 also defines "public building" to include "grounds and premises adjacent or appurtenant thereto or connected thereto."
The state's policy for displaying flags on state buildings does not appear to allow flying foreign flags and at least one county's policy also appears to ban it.
THE FREE LANCE NEEDS YOUR DONATIONS TO SURVIVE. DONATE HERE