Feds and Airmont end discrimination lawsuit with zoning changes for houses of worship

AIRMONT - The U.S. Attorney's Office and the village have ended a federal civil rights lawsuit involving discriminatory zoning adopted years ago ostensibly against Orthodox Jews.

The legal action from 2018 centered on the then-Airmont government revising the village zoning code to make it more difficult for Hasidic and Orthodox Jews to worship in their homes, according to the U.S. Attorney's Office for the Southern District of New York in Manhattan.

The Airmont government's 2018 zone changes decreased the allowable space inside private homes for worship.

A consent decree reached with the current government increases the amount of space in homes that can be used for worship and removes restrictions limiting who residents are allowed to invite into their homes to pray.

The decree also removes the village's arbitrary, drawn-out application process designed to delay and effectively deny permits for even minor alterations to private houses, according to the U.S. Attorney's Office.

Airmont officials, in a statement on Friday, said the lawsuit was settled without any admission or finding of wrongdoing on the part of the village.

"Rather than litigating over the actions of past VillageBoards, the village looks to the future," the statement said. "The Village has developed zoning regulations that go beyond the minimum requirements of federal law to facilitate religious practice while continuing to maintain the health, safety, and welfare of our residents."

Airmont has scheduled a public hearing for Nov. 6 on the zone changes to meet the agreed-upon consent decree, according to the board's agenda.

U.S. has sued three times since the village formed in1991

The legal action marked the third lawsuit brought by the United States against Airmont for discriminating against the Orthodox Jewish community since the village broke away from Ramapo and formed in 1991.

Federal prosecutors brought legal actions based on civil rights statutes, including the Religious Land Use and Institutionalized Persons Act, known as RLUIPA.

RLUIPA authorizes the U.S. Department of Justice to take legal action against any local government that implements a land-use regulation that places a substantial burden on religious exercise or discriminates on the basis of religion.

Airmont came out on the short end of the previous two lawsuits, costing taxpayers millions of dollars in legal fees and fines, and overruling village zoning. The previous legal actions aborted zoning that blocked houses of worship in homes and dormitory housing.

The legal actions since 1991 also gave Airmont a reputation of being unfriendly to Orthodox Jews. But since the third lawsuit, the Orthodox Jewish community has won a majority of seats on the Village Board, as the community's voters became the majority.

The U.S. Attorney’s Office alleged in 1991 that Airmont's founders had formed the village for the purpose of excluding Orthodox Jews from its boundaries by, among other things, adopting zoning policies that would preclude Orthodox Jews from using their homes for prayer services.

More: Special report: Whose Airmont is it?

“Zoning laws that intentionally make it more difficult to engage in religious worship and that are designed to impair the rights or obstruct religious communities violate federal law,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said Friday.

Clarke said the settlement "should send a message to officials across the country that we will hold them accountable when they abuse zoning restrictions to stop religious communities from freely exercising their faith."

Airmont updated its zoning code in 2018 after a nearly two-year process during which the village government thrice extended a building moratorium that some Hasidic Jewish residents found restricted their plans to expand their homes.

More: Airmont slapped with another federal discrimination lawsuit

Airmont consented to a preliminary injunction on March 15, 2021, barring enforcement of the same zoning code provisions.  The consent decree makes this prohibition permanent in the context of a multiyear agreement that makes extensive changes to Airmont's zoning code

Prosecutors sought compliance, looked to settle

The federal government jumped into Airmont for the third time following two civil rights lawsuits filed in November and December 2018 — one by the Central UTA school and the other by several rabbis and congregations led by Congregation Ridnik.

Federal prosecutors used the prospect of legal action to encourage Airmont officials to change the zoning.

The zoning revisions came under the administration of Mayor Philip Gigante and board members who supported the Preserve Airmont movement. Gigante and his supporters voraciously denied his administration acted with bias.

A letter from prosecutors to Airmont officials in 2020 said they could avoid a lengthy and expensive legal action if they were willing to negotiate a settlement.

Prosecutors warned that a pending legal action is "arising out of the design and implementation of Airmont’s zoning code, which substantially burdens, discriminates against, and unreasonably limits the practice of religion by the Village’s Orthodox Jewish community."

Control of village board has changed

Federal efforts on a settlement became easier given that the board has five elected members with overwhelming support from the Orthodox and Hasidic communities. Three board members are Orthodox.

U.S. Attorney Damian Williams for the Southern District of New York said Friday that the fact that this marked the third legal action over similar issues demonstrates prosecutors will be "ever vigilant in protecting the rights of religious minorities."

“When religious intolerance poses a threat to the unity of this nation of many faiths and traditions, it is vital to stand up for the First Amendment right to freedom of worship,” Williams said.

A Justice Department statement noted that the Airmont consent decree follows the 23rd anniversary of the signing of RLUIPA by President Clinton after unanimous approval by Congress in a voice vote. The department has released updated informational materials on the law at the RLUIPA website.

Litigation citing RLUIPA and Fair Housing laws have arisen in Ramapo, Clarkstown, Pomona, and Chestnut Ridge.

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com. Twitter: @lohudlegal.

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This article originally appeared on Rockland/Westchester Journal News: Feds and Airmont NY end discrimination lawsuit blocking Orthodox Jews