State AG raises 'serious concerns' about proposed Monroe law regulating places of worship

MONROE - The Monroe Village Board held off acting on a proposed local law regulating places of worship and schools Thursday night.

The board's decision came after state Attorney General Letitia James' office raised "serious concerns" about the law.

In a letter to mayor Neil Dwyer, James said she was concerned the law "violates state and federal law by restricting the religious practice of Orthodox Jewish residents."

James asked the village board to delay a vote "until our office has had a thorough opportunity to evaluate the law."

The board tabled the vote and directed village counsel to reach out to James' office.

What's in the proposed law

The proposed legislation states the village has recently seen "an increased demand for regular large gatherings of people in residential areas, most commonly for worship but possibly for other purposes protected by the First Amendment."

Drug, weapon possession: Head of Bronx anti-violence program arraigned on Orange County indictment

Satisfying those needs might result in an increase in non-residential uses in residential neighborhoods, the proposed legislation states.

"If designed properly, these gatherings need not impose upon the quiet seclusion of residential neighborhoods," the legislation adds.

The local law would amend village code to add new regulations for residential gathering places, neighborhood and community places of worship, and schools of general instruction in certain zoning districts.

Jacob Ferencz, a longtime community activist who called the attorney general's office's attention to the legislation that resulted, said the proposed local law is "blatantly antisemitic" and includes unfair provisions, from a maximum attendance of 49 persons to requiring 15 square feet of space per person.

"We want to pray every Sabbath," Ferencz said. "You can gather in anyone's house to pray."

Orthodox Jewish people are prohibited from doing any work on the Sabbath, and that includes driving to a temple.

What happens next

In her letter to Dwyer, James said under the federal Religious Land Use and Institutionalized Persons Act, local zoning laws cannot impose a substantial burden on religious exercise "unless that burden is the least restrictive means for furthering a compelling government interest."

Marijuana sales: New York's first cannabis growers market has opened in New Paltz: What to expect

"To the extent the proposed law addresses legitimate health and safety concerns, the Office of the Attorney General is not persuaded that its requirements are the least restrictive means for achieving the law's goals," James wrote.

James asked the village to provide her office with written justification for the proposed law, including noting what specific problems it seeks to remedy and why the village believes its solution is the least restrictive means of achieving those goals by Sept. 29.

Mike Randall covers breaking news for the Times Herald-Record and the Poughkeepsie Journal. Reach him at mrandall@th-record.com or on Twitter @mikerandall845.

This article originally appeared on Times Herald-Record: AG James wants more info on Monroe law regulating places of worship