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After no agreement was reached - Jewish head in the District Court v. Tel Aviv Municipality: Allow the construction of the sukkah and hold second laps | Israel Hayom

2023-10-04T08:01:36.708Z

Highlights: After no agreement was reached - Jewish head in the District Court v. Tel Aviv Municipality: Allow the construction of the sukkah and hold second laps. The court demanded that the association reach agreements with the municipality, but the parties did not reach this. In the petition, the association claimed that the municipality made an improper administrative decision and lacked the authority to punish them. The Tel Aviv municipality said: "The petitioners are invited to participate in municipal events and take part in them together with the general public"


The court demanded that the association reach agreements with the municipality, but the parties did not reach this • In the petition, the association claimed that the municipality made an improper administrative decision and lacked the authority to punish them • They also claimed that the municipality had caught on to false propaganda • The Tel Aviv municipality said: "The petitioners are invited to participate in municipal events and take part in them together with the general public"


After a Jewish mayor and the Tel Aviv municipality were unable to reach an agreement outside the courtroom, at the request of Judge Magen Altuvia, the parties arrived Wednesday morning at the Tel Aviv District Court, where the Jewish Head Association asked to be allowed to build the sukkah and hold the second laps at Dizengoff Square.

Just before the beginning of the fast: Clashes at Dizengoff Square over gender segregation at Kippur prayers \\ Eitan Elhadez/TPS

As you may recall, a Jewish head argued in the petition that the municipality made an improper administrative decision that lacked the authority to punish the association with bias and extraneous considerations by canceling all the permits it had lawfully granted at the request of a Jewish head in advance, as a step towards the start of the Sukkot holiday.

In the application, a Jewish head notes that during the hearing process, she wrote to the municipality that it is regrettable that the Tel Aviv municipality, an administrative authority from one of the largest local authorities in the country, was perceived as false propaganda as a crop in which a Jewish head violated the stipulation preventing "gender separation by physical means" in the Kol Nidre prayer on the eve of Yom Kippur 5724. According to her, she complied with the observance of the permit, as written and written, and did not maintain any gender separation by physical means during the Kol Nidre prayer and at the closing of Yom Kippur 5724 in Dizengoff Square.

The clashes in Tel Aviv over the installation of the partition and prayer in Dizengoff Square, photo: Gideon Markowitz

Judge Altuvia sent the parties to try to reach a compromise in the spirit of the holiday. However, he did not grant the association the interim injunction, stating that: "The consideration of maintaining public order and public safety is not a defective, improper, discriminatory consideration or one that grants this court the authority to interfere with the discretion of an administrative body due to any of the grounds recognized in administrative law. The Petitioners do not present a substantial argument in this regard. In their petition, the petitioners stand on their arguments, including regarding the need for gender separation and their right to it, and attack decisive rulings made by the Supreme Court sitting as the High Court of Justice on this matter. Thus, the Petitioners ignore the Respondent's claims regarding the violation of the conditions of the permit granted to the Petitioner in connection with the Yom Kippur prayers and the events that occurred thereafter. The petitioners do not present any guarantees, guarantees or any undertaking to comply with the provisions of the original permit that was revoked."

The municipality, which did not reach an agreement with the association, emphasized in its response to the court that, like every year, it holds a "central second laps, which takes place this year in the plaza of the Performing Arts Center" and is open to the general public. In addition, the municipality organizes 45 "second laps" events throughout the city to which the general public is invited.

The temporary partition erected in Dizengoff Square, photo: Gideon Markowitz

"The petitioners are invited to participate in municipal events and take part in them together with the general public, in a manner that seems to contribute to unity and community in the spirit of the holiday. It should be noted, to the best of our knowledge, that in past years a Jewish head and members of her community participated in the municipal 'second laps' events, and until recently, the main event took place, in the best municipal tradition, in Rabin Square."

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Source: israelhayom

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