Judge temporarily blocks migrant children from JCCA's Mount Pleasant facility

Asher Stockler, Rockland/Westchester Journal News
·2 min read
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Westchester Supreme Court Justice Charles Wood has temporarily blocked a children's welfare non-profit from caring for migrant children at its Pleasantville campus, following a lawsuit brought by the town of Mount Pleasant.

JCCA, previously known as the Jewish Child Care Association of New York, had entered into a contract with the federal government to provide short-term shelter to migrant children who don't have a parent or guardian.

Mount Pleasant Supervisor Carl Fulgenzi talks about the issue of a group home for the developmentally disabled that wants to open in a house on Halsey Place April 10 , 2019.
Mount Pleasant Supervisor Carl Fulgenzi talks about the issue of a group home for the developmentally disabled that wants to open in a house on Halsey Place April 10 , 2019.

But Mount Pleasant Supervisor Carl Fulgenzi sued JCCA in state Supreme Court, arguing that fulfilling the contract would violate the town's zoning laws, which require the approval of the town planning board before a change in use of the site. JCCA currently operates a residential program for emotionally troubled kids on its campus, and the town argued that accepting migrant children would constitute a change in the campus' zoning use.

Wood agreed, and in a decision last week said that "the proposed Shelter Program appears to be a change in use, and offers no benefit to the homeowners" in the zoning district. In his decision, Wood issued a preliminary injunction on behalf of the town, preventing JCCA from accepting migrant children as the case continues.

A spokesperson for JCCA declined to comment.

Wood also capped the town's liability in the lawsuit to $1.5 million, in case JCCA were to ultimately prevail at the end of the lawsuit. JCCA could be owed financial damages due to its inability to fulfill the contract with the federal government while the case was being argued.

JCCA has also sued Mount Pleasant

JCCA has itself sued Fulgenzi and the town in federal court, arguing that the supervisor created a "sham emergency" in order to keep migrant children out of Mount Pleasant. The nonprofit said that under the U.S. Constitution, federal government contracts supersede local emergency orders.

JCCA further argued that Fulgenzi's actions were underlaid by racist motives, citing provocative Facebook posts he shared which said "European Christians built this nation... they didn't come to b**ch, collect welfare, wage jihad, and replace the American Constitution with Sharia law" and "Close our borders. Let's see how many shares we can get."

Asher Stockler is a reporter for The Journal News and the USA Today Network New York. You can send him an email at astockler@lohud.com. Reach him securely: asher.stockler@protonmail.com.

This article originally appeared on Rockland/Westchester Journal News: Migrant children care at Mount Pleasant facility blocked by judge