Legal analysis of the mezuzah case
Attorney Richard D. Vetstein. gives the legal look on the condo fight over the right to hang a mezuzah.
As Rona wrote about earlier, a federal appeals court in Chicago ruled that a case may go forward involving the Bloch family’s fight to affix a small box containing Hebrew religious texts, known as a mezuzah, to the doorposts of their condominium units. This is one of the first cases of which I am aware where a court has held that the federal Fair Housing Act prohibits a private condominium association from enforcing condominium rules impacting a unit owner’s right to religious expression.This case pits the rights of unit owners’ religious expression versus the right of condominium associations to regulate the use of common areas such as hallways, doorways and entrances. Usually, disputes surrounding condominium rules – such as pet prohibitions – are resolved under state law. In Massachusetts, condominium associations can adopt reasonable rules and regulations restricting or affecting the use of common areas and units. Trustees are given a fair amount of leeway provided the rule has a rationale and reasonable basis.
When religious or race comes into play, however, the Fair Housing laws comes into play. This law bars discrimination in “the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.”
This case involves the mezuzah, one of the most sacred symbols in Judaism, holding parchment of scriptures of the Torah (the Old Testament). Jews affix the small rectangular box on the right exterior doorpost of their dwellings, often kissing it and praying when they enter the home. For Christians, the corollary would be a small crucifix attached to a door.The condominium rule in question prohibited “mats, boots, shoes, carts or objects of any sort are prohibited outside Unit entrance doors.” The Bloch family’s mezuzah was displayed outside their door for 30 years without objection. But condominium trustee, Edward Frischholz, went on a crusade to remove the mezuzah every time the Blochs put it back up, even going so far as to intentionally remove the mezuzah during the Shiva mourning period after a death in the Bloch family after initially agreeing to letting it stay. Frischholz also scheduled meetings on Friday nights, the Jewish Sabbath, knowing full well the Bloch family couldn’t attend. Given the blatant discrimination perpetrated by the trustee, the appeals court ruled in favor of the Bloch family.
The take away for condominium associations is be very careful when enforcing rules which impact unit owners’ religious freedom.
An interesting side-plot in this case is that Judge Diane Wood, who has been floated as a possible Obama pick for the U.S. Supreme Court, was vindicated for her impassioned dissent in favor of the Bloch family after originally being overruled by her colleagues.
