Rabbi sues county for denying him permit to host services in his home
A Jewish rabbi in Hawaii is suing his county after he was denied a special permit to host religious services at his home as he faces the potential of hundreds of thousands of dollars in fines.
The First Liberty Institute filed the complaint Tuesday in federal court on behalf of Rabbi Levi Gerlitzky and his Chabad Jewish Center of the Big Island against Hawaii County and the county's Planning Director Zendo Kern.
The filing contends that county code preventing him from hosting religious gatherings at home violates the First Amendment to the U.S. Constitution.
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"Rabbi Gerlitzky has a constitutional right to engage in religious activities in his home with family and friends in the Jewish community, free from government burden or interference," said First Liberty Senior Counsel Jeremy Dys. "By levying fines on religious practices while allowing similar secular in-home gatherings like Super Bowl parties and book clubs to continue without penalty, the County violates both the U.S. Constitution and federal law."
The Christian Post reached out to the Hawaii County Planning Office for comment. A response was not received by press time.
Noting that Hawaii County code permits "[m]eeting facilities" to operate in residential use districts, the lawsuit highlights how it does not extend the same courtesy to "[c]hurches, temples, and synagogues."
Gerlitzky, whose home is located in a residential use district, has found himself subject to thousands of dollars in fines for hosting religious services there. Services hosted by Gerlitzky include "Shabbat meals, prayer gatherings, and holiday celebrations."
"Meeting facilities are permissible as of right only if they are secular," the complaint stated. "Those provisions constitute a facial violation of the First Amendment's free-exercise clause, the [Hawaii] Constitution, and the Religious Land Use and Institutionalized Persons Act ('RLUIPA')."
Gerlitzky's legal challenges date back to last February, when Hawaii County's Planning Department sent a complaint notice to the rabbi, his wife and the Chabad Jewish Center of the Big Island. The notice stated that Gerlitzky's home, which serves as the Chabad Jewish Center of the Big Island, is located in a single-family residential district. Under county law, "churches, temples and synagogues" can only operate with a "use permit" in such districts.
In March 2022, the Planning Department accused Gerlitzky of "operating an unpermitted 'Church, Temple, or Synagogue' (Chabad Jewish Center Big Island) on the above referenced property" and asked him to "cease and desist from operating the Chabad Jewish Center Big Island on the subject property." Additionally, he was ordered to pay a $1,000 fine by April 17. The county warned Gerlitzky that failure to pay the fine could result in daily fines of up to $100 per day.
While Gerlitzky sought to assuage the county's concerns by applying for a use permit to use his property as a "synagogue" and "Jewish community center," his request was denied. The county insisted that it needed "more detailed information" before it could approve his use permit and suggested that letting him operate a "synagogue" and "Jewish community center" out of his home might require "upgrading the facility to commercial type standards."
Examples of "commercial type standards" included upgrading the "wastewater" system, adding "water suppression to meet fire code," and making the house compliant with the Americans with Disabilities Act. Gerlitzky believed these extensive improvements were unnecessary because "we just want to have our people over for meals and prayers."
Last year, even after he stopped holding services at his home and merely "invited people as private individuals to his home," Gerlitzky incurred $6,400 in fines by July 24 of last year. The complaint predicted that Gerlitzky, who has tried to resolve the issue with the county numerous times over the past year, would face up to $207,000 in fines by the end of this year if his situation goes unresolved.
Gerlitzky is seeking declaratory, injunctive and monetary relief as the complaint asserts that Hawaii County code violates the First Amendment to the U.S. Constitution and the Hawaii Constitution, which allows "[m]eeting facilities" to operate in residential districts without any restrictions.
Noting that use permits are required not only for houses of worship but for "meeting facilities" of such religious buildings, the complaint concludes that "in residential use districts in [Hawaii] County, meeting facilities are permissible so long as they're secular."
In addition to monetary damages and attorney fees, the lawsuit asks a federal judge to allow Gerlitzky to resume hosting religious meetings, prayers and celebrations in his home and issue an opinion declaring the county law unconstitutional.
In addition to his home, Gerlitzky hosts gatherings in venues like schools, hotels and parks. The center also rents out event spaces for larger religious gatherings.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
