Community Magazine June 2003

I t is becoming a familiar sound in the Flatbush community. Twenty eight minutes before sunset on Friday evenings, a resonating tone, much like an air-raid siren, is broadcast for sever- al seconds, reminding observant Jews to hurriedly finish last minute tasks before Shabbat. This is followed by another call, ten min- utes later which marks the moment of candle light- ing time. The Flatbush Shabbat call was instigated by com- munity activists in order to heighten the awareness of Shabbat throughout the large religious community of Flatbush. The siren was placed in one of the tallest build- ings in the area, on a Yeshiva and Synagogue at Ave N and East 19th Street. It was sounded for the first time on Shabbat Hagadol (before Pesah) 5762 (2002), slightly over a year ago. Shortly after its institution, a noise complaint was filed with the Department of Environmental Protection (DEP). Inspectors from the DEP were sent to investigate and determined that the siren may violate certain statutes of county regulations. Brooklyn law restricts the use of a recording or sound device when it caus- es unreasonable noise. Any noise which is six to eight degrees higher then the ambient noise level is considered unreasonable. According to parties involved, a deal was reached where DEP inspector Jerry Keplin promised to drop the complaint if the Yeshiva would lower the sound of the siren through the removal of four horns. Although the Yeshiva has done this, at a consider- able expense, the DEP has not backed off. Legal maneuvering continues as two hearings have been held already and another is scheduled to determine the fate of the siren. As word of the controversy spread among the local commu- nity, activists banded together in support of the Shabbat call. They argue that the siren is vital to their practice of Judaism because in the pre-Shabbat haste, it is easy to lose track of time and the call provides an accurate and reliable cue to mark candle lighting time. It is maintained that both the length and volume of the siren are necessary to assure that the greatest number of religious mem- bers of Flatbush can discern the sound. Advocates of the Shabbat call cite sources in the Gemarah for proof of the importance of a Shabbat call for large Jewish com- munities. In addition, there are other neighborhoods in New York, including Borough Park, Williamsburg and Crown Heights where a Shabbat call has been in use for over thirty years. Many cities in Israel also sound Shabbat calls regular- ly. Although some religious leaders, express concern that it is not proper to disturb non-Jewish neighbors for this purpose, most seem to support the Shabbat call. To demonstrate community support for the siren, petitions were circulated in many area synagogues including Bet Torah, Yad Yosef Torah Center, Ahi Ezer, Bet Yosef, and Shaare Zion, As of May over 14,000 signatures have been collected on peti- tions which state that the undersigned hears the siren, deems the siren important and necessary for his religious observance, and requests that it not be stopped. At one synagogue petitions were coming in on two fax machines non- stop. In addition to the petitions which have been sent to the judge, many Rabbis and organizations also sent letters stating the importance of the Shabbat call, and imploring that it be allowed to continue. Among these are letters from Shlomo Mostofsky, president of the Nation council of Young Israel and Rabbi David Zwiebel, Executive Vice President for Government and Public Affairs of Agudat Israel of America. State Senator Karl Kruger has also rallied in support of the siren. Although he was unable to attend the last hearing, he will submit written testimony calling for a religious exemption. He argues that since the siren is housed within the four walls of a synagogue and it calls the congregants to prayers it should not be afforded different treatment from lehavdil a churches or mosques which do essentially the same thing. The DEP’s counter to this argument is that since the siren is, unlike a bell, a “recorded” sound it does not qualify for the religious exemption. This point has yet to be ruled upon. Former City Councilman Noach Dear, has also weighed in on the matter as the force behind two Shabbat calls started in Borough Park during his time in office. He asserts that the oppor- tunity exists from within the city council to insure that the Shabbat call is properly allowed a religious exemption. It has been suggested that there may be more at stake than just the Flatbush siren. A legal ruling declaring the siren illegal could spell trouble for other Shabbat calls in New York and may prompt challenges in other neighborhoods. In the meantime, the siren continues, sounding twice every Friday evening and establishing itself as a familiar sound in the neighborhood week after week. 34 COMMUNITY MAGAZINE Noise Over The Shabbat Siren B Y : N E C H A M A Y I T Z C H A K I CM