Community Magazine April 2019

40 Community Magazine Action for the Future Taub noted that it is precisely the Public Advocate’s job to point out these kinds of hypocrisies. Taub is, therefore, eyeing the next Public Advocate election, in August. “A Public Advocate is the city screamer. He highlights the inequities going on in NY. Liberals and progressives claim to be concerned about low-income people of color. Why then is the state of their public housing such a disgrace? Public housing is plagued by rampant mold, and lead-imbued paint. There’s no heat, no hot water, and rats. Running a Public Advocate is essential, even if he has no chance of winning, since Democrats are sure to combine forces against him. Still, if you put him on the campaign and he’s constantly hammering away at all these issues, even if he loses, he’s a winner. The question is, will he do it, and will he have the backing of 175,000 firmOrthodox votes? To ensure that happening, we must obtain the backing of every rav, rebbe , and rosh yeshiva. The goal is to teach Jews to vote, and to make them understand that the situation is critical.” If that doesn't work, the Orthodox communities may be forced to take drastic action, which Taub is not convinced people are willing to do. “Don’t pay any state or city taxes. If everyone puts their house on the market at the same time, that would crash the market. The city will come after us, but at least we’ll make our voices heard.” Before pursuing civil disobedience, legal challenges must be tried. Negotiations with the State having stalled, yeshivot feel they must take the matter to court. Until now, they felt they could combine efforts with the Catholics, whose 500 schools soundly rejected the guidelines and state intrusion into their schools in a letter posted mid-December. At first it seemed that the state was targeting Orthodox Jewish schools and not the Catholics, given that the guidelines “stemmed from a 2015 survey that found some ultra-orthodox Jewish yeshivas were barely teaching their students English or other secular subjects,” according to a Times Union article. However, on March 18th, the Catholic Conference, representing nearly half of all children in New York State who don't attend public school, also filed a lawsuit against the state. Legal Action Underway A preliminary injunction against the state was filed March 12 th by Avi Schick and Timothy A. Butler (Troutman Sanders, LLP) on behalf of Agudath Israel, Torah Umesorah, and PEARLS, five yeshivot (Chaim Berlin, Torah Vodaath, Tiferes Yerushalayim, RJJ, and Chasan Sofer), and five parents. It came on the heels of a suit challenging the legal authority of the state by 11 member schools of the New York State Association of Independent Schools (NYSAIS), an association of 198 independent schools and organizations representing about 183,000 students. The injunction challenges the guidelines' legality based on three allegations: SED exceeded its legal authority, and even if such authority existed, the Commissioner failed to abide by the rulemaking process for creating new regulations. Subsequently, the guidelines are unenforceable and violate the parent plaintiffs' constitutional rights of free exercise of religion, due process, and free speech. The injunction also points out that the "substantially equivalent" provision has been in existence for 125 years, and there was never any claim made that it provided regulators "with any direct authority over private schools." On November 20, 2018, "with the press of a button, the new guidelines appeared on NYSED's website and established a new licensing regime that imposes mandatory state standards on private schools,” the injunction states. Matters are moving forward quickly. On March 15 th , the court heard and denied NYSAIS's request for a Temporary Restraining Order because the judge claimed, "No immediate harmwould occur in the next few weeks." NYSAIS’s request, though, was put on a fast track that requires SED to respond by March 25 th . Plaintiffs acting on behalf of yeshivot filed their papers shortly afterward; SED’s reply papers are due on March 28 th . “We hope to have a hearing on the 29 th ,” Yossi Grunwald of PEARLS stated. We Must Protect our Religious Values "We will do whatever it takes to protect our religious values and the yeshiva system,” says Rabbi David Niederman of PEARLS. “Over the past century, we have produced hundreds of thousands of successful alumni and law-abiding citizens. The overwhelming majority of alumni continue to show their confidence in the yeshiva system by enrolling their children. There is no reason, let alone any justification, for government intrusion into our yeshiva system and deprivation of our parental and religious rights. These guidelines must be opposed.” Given how few Sephardim came out to vote for Public Advocate, despite the rabbanim ’s endorsement, the question begs asking: how aware is the Sephardic community of the dangers facing their Torah institutions? “Parents understand what's happening, but so far we don't have clarity as to what we, as parents, can do to stop this,” Rabbi Churba says. “We are all standing behind Agudath Israel and Torah Umesorah. However, we're waiting for direction from our gedolim . Should parents bring lawsuits against the State? We’re all on pins and needles waiting to hear what we should do.” COMMUNITY LEADERSCALL FORACTION: On Tuesday, February 26 there will be a special election to elect the New York City Public Advocate. There are more than twenty candidates who are running in this non- partisanelection.Oneof them isNYCCouncilmanEricUlrich,who isa longtimeproven friendofourcommunity. Councilman Ulrich is a product of Catholic schools, and sends his daughter to a Catholicschool.He isa longtimeadvocate for religiousschoolsandhaspubliclyspoken out against the City and State Education Departments attempts to interfere with our yeshivasandotherparochialschools. ElectingEricUlrichasPublicAdvocatewillsenda loudandclearmessagetothe forces in New York that are looking to control the education of Yeshiva children. Councilman UlrichwillusehispositionofPublicAdvocate tofight theNewYorkCityandStateonour behalf. WeurgeallmembersoftheNewYorkCity'sJewishcommunitytovoteforCouncilman EricUlrichforPublicAdvocateonTuesday,February26,2019. Sincerely, RabbiUziel Admoni Cong.BneiYosef RabbiShaulAzancot Cong.BethTorah RabbiYaakovBender YeshivahDarcheiTorah RabbiGadBouskila Cong.Netivot Israel RabbiElyaBrudny YeshivasMir RabbiEliyahuElbaz SephardicLebaneseCong. RabbiRahamimHarary Cong.HarHalebanon RabbiDavidMasalton Cong.ShareeTzion RabbiShaulMasalton Ahi-EzerCong. Rabbi IsaacMohadeb Cong.YamHatorah RabbiYosheyahuShammah Cong.ShevetAchim RabbiYisroelReisman YeshivahTorahVodaas RabbiShimonAlouf Cong.AhabaVeAhva RabbiHaimBenolial Cong.BneiYosef RabbiDavidOzeri YadYosefTorahCenter RabbiYitzchakYisraeli AvBaisDinTorahUmishpot Rabbi David Ozeri Rabbi Shimon Alouf Letter signed by many of our community rabbis endorsing Eric Ulrich for NYC Councilman. Rabbi Haim Benoliel Rabbi Yitzchak Yisraeli