Judge rules Newport congregation can stay in Touro Synagogue – for now, and with conditions

PROVIDENCE — The congregation that has occupied the oldest synagogue in the country for nearly 140 years will be allowed to stay at the synagogue until their eviction case is settled by the Rhode Island Supreme Court, a Superior Court judge decided on Thursday.

Touro Synagogue in Newport has been at the center of a dispute lasting more than a decade between the congregation currently occupying the synagogue, Congregation Jeshuat Israel, and the New York-based congregation that built it and has owned it since 1763, Congregation Shearith Israel. The two congregations have had a court-brokered lease agreement since 1903, which includes a symbolic $1 annual rent, until Shearith Israel terminated the agreement in February 2023. That is when Shearith Israel filed to evict Jeshuat Israel from the property.

Shearith Israel argues the Newport congregation has not fulfilled several parts of their lease agreement, including maintenance and repair of the synagogue, using a Rabbi not approved by the landlord and not holding regular services. Jeshuat Israel said the congregation has been seeking funds for capital improvement projects on the property and lacks the funding to hire security for regular services. The Jeshuat Israel’s attorney Michael Crane also argued the New York congregation granted temporary approval of its current Rabbi but denied the Newport congregation’s request to extend that approval, which Shearith Israel’s attorney Mitch Edwards argued was because the current Rabbi does not fulfill the credentials required by the lease agreement.

While Superior Court Associate Justice Maureen Keough issued a verbal order evicting Jeshuat Israel at an Aug. 25 hearing, the congregation’s attorney Michael Crane motioned for a stay on the eviction to allow the congregation to continue worship at Touro Synagogue until the eviction case appeal was settled by the Rhode Island Supreme Court.

Although Shearith Israel offered to allow the Newport congregation to stay through the upcoming high holidays, Rosh Hashanah and Yom Kippur, before enacting the eviction, Keough granted Jeshuat Israel’s stay. She said although part of her job as a trial judge is to factor in the likelihood of the success of an appeal of her decision, she mainly focused on reducing the amount of harm caused by her decision to either party.

“It’s hit me all over again how sad this case makes me,” Keough said. “It feels like a family dispute and there’s nothing worse than a family that can’t get together or at least find some kind of rational compromise.”

The Superior Court judge added conditions to the stay, one of which was that Jeshuat Israel make provisions to fulfill all of their lease requirements, including getting a new Rabbi with the correct credentials, making the synagogue available for services and payment of the symbolic $1 rent.

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Additionally, Keough said Jeshuat Israel needs to allow Shearith Israel “full, unfettered access” to the synagogue so they can make arrangements for a possible transfer of leadership and/or to make necessary repairs. The New York congregation already has a new tenant lined up for the property, Newport-based Congregation Ahavath Israel. The new congregation was incorporated through the Secretary of State’s office in April, but claims roots in Newport as far back as 1915.

A spokesman for Jeshuat Israel said the congregation is grateful for the court's ruling today, but denied to make any further comments. Edwards said they expect Jeshuat Israel to file a notice to appeal the eviction order from Keough to the Supreme Court, which he said they will take whatever steps are appropriate in the meantime.

“I respect the court and the judge very much,” Edwards said. “I understand she is trying to do the best for Touro Synagogue and that’s exactly what Congregation Shearith Israel is trying to do as well.”

This article originally appeared on Newport Daily News: Touro Synagogue, Newport, eviction case stayed until settled in court