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Without Determination of Discrimination: The Supreme Court sculpted a decision to close Country only to local residents
In 2010, the Kochav Yair-Tzur Yigal Council decided to close the local country club exclusively to the council's residents, in a decision that raised suspicion that this was a way to prevent residents of nearby Arab communities from coming.
Supreme Court justices refrained from ruling that this was necessarily discrimination, but ordered the council to reconsider the matter.
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Kochav Yair
Tzur Yigal
Country Club
Supreme Court
Daniel Dolev
Thursday, 14 January 2021, 23:03
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The judges ruled that the council has the right to close the country exclusively to local residents (Photo: Walla! NEWS, -)
The Supreme Court today (Thursday) overturned the decision of the Kochav Yair-Tzur Yigal Council to close the local country club exclusively to the residents of the council.
However, Justices Dafna Barak-Erez, Menachem Mazuz and David Mintz refrained from ruling that the decision constituted discrimination against residents of nearby Arab localities, and ordered the council to reconsider the matter.
In 2010, the local council decided to sell subscriptions to the "Heart of the Place" country to the residents of the locality only.
Four years later, she changed her mind and began selling "family subscriptions" to residents of nearby localities such as Avnei Hefetz, Kibbutz Eyal, Salit and Sha'ar Ephraim.
The couple Ahmad Mansour and Omima Mansour-Murad from nearby Tira also asked to purchase such a subscription, but were refused on the grounds that the council does not sell appointments and tickets to non-residents except "a limited number of subscribers to Tzur Yitzhak residents and Scouts" whose children attend educational institutions.
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The court refrained from ruling that this was discrimination.
The Jerusalem Supreme Court (Photo: Noam Moskowitz)
The couple petitioned through the Association for Civil Rights to the Central District Court in Lod.
Judge Ofer Grosskopf ruled in 2017 that the council's policy does not constitute discrimination, and that it can favor local residents - but must allow it to allow the sale of 10% of the appointments to non-residents.
The couple appealed to the Supreme Court against this decision.
Today the judges ruled that "the starting point in relation to public resources is one of 'openness' to the general public, without a built-in preference of the local residents."
However, it is also possible to deviate from this starting point taking into account various considerations such as the question of whether it is a limited resource and scarcity, and the extent to which the residents need it.
The judges ruled that the starting point from which the council came out was the opposite - according to which they have the right to close the country exclusively for the locals.
As a result, the council was ordered to reconsider the decision.
More on Walla!
NEWS
The courts will remain open during the closure, unnecessary hearings will be postponed
To the full article
In the minutes of the council meeting in 2010, which were revealed during the lawsuit filed by the couple after they were not allowed to purchase a subscription to the country, it was found that although there was no fear of congestion, the council members spoke of the need to reduce Arab appointments.
At the meeting, it was explicitly claimed that the problem with registering for the place is the Arabs who come to the pool and allegedly smuggle customers.
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