AJC Urges Appeals Court to Back Synagogue Zoning Fight

American Jewish Committee
Friday, 26 April 2002

The American Jewish Committee today joined in an amicus brief filed by the American Civil Liberties Union with the Third Circuit Court of Appeals in the case of Abington Township v. Congregation Kol Ami, which involves a challenge to the discriminatory application of zoning laws in Abington Township, Pennsylavnia.

Since its founding in 1994, Congregation Kol Ami has held worship services and other religious activities at a variety of temporary locations in the greater Philadelphia area. In early 1999, the Congregation purchased property owned by the Sisters of the Holy Family of Nazareth, a Catholic order of nuns, as its permanent home.

As a result of changes to the local zoning ordinances in 1996, the property, which was once located in a district that permitted places of worship by special exception, now sits in one that does not. The zoning laws do, however, permit by special exception the use of such property for kennels, riding academies, outdoor recreation facilities, utility facilities, municipal administration buildings, police barracks, libraries, road maintenance facilities, country clubs, train stations and more. A federal district court ruled last year that such disparate treatment violates the constitutional guarantee of equal protection.

AJC's brief argues that because it categorically denies places of worship the opportunity to apply for a special exception, the ordinance is unconstitutional. As the brief states:

"Because both the prohibited use, that of the Congregation, as well as the permitted uses, such as libraries, country clubs and riding academies, impact the neighborhood in substantially similar ways, the concerns related to these impacts cannot represent a rational basis for distinguishing between them."

In addition to filing a brief in support of the Congregation, AJC's Philadelphia chapter has been actively engaged in supporting the Congregation's position in the local community.

For more information, or to contact American Jewish Committee, see their website at: www.ajc.org