Lawsuit centers on home's use as house of worship
BY ELANA ARON
Correspondent

FREEHOLD TOWNSHIP - The township is being sued for violating the free exercise clause of the U.S. Const-itution, violating the New Jersey State Constitution, and violating the Relig-ious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

Rabbi Avraham Bernstein, a resident of Freehold Township since 1998, sued the township after receiving a notice from zoning officer Guy Leighton stating that he was in violation of the municipal land use law by conducting a house of worship at his home at 351 Stillwells Corner Road.

In 2006, Bernstein was granted permission by the Zoning Board of Adjustment to add a two-story, two-bedroom addition to his home after being denied in 2002 on the grounds that the addition would change the residential use of the property to a house of worship.

In February 2007, however, Bern-stein received another notice of violation, this time from township code enforcement officer William McGee, for using his home as a house of worship.

Attorney Gerald A. Marks, who represents Bernstein, said, "The rabbi is conducting individual prayer services like the way any other clergy (does) as stated in the U.S. Constitution. He wants the ability to pray in accordance with his beliefs.

"There is no definition of what constitutes a house of worship in Freehold Township. The zoning ordinance is constitutionally vague and therefore unconstitutional. RLUIPA, as well as the state Constitution, states that clergy people should not be treated any differently," Marks said.

According to Township Attorney Duane O. Davison, neighbors have complained about the activities at Bernstein's home, which is right across the street from the municipal complex.

"The township realizes that a certain amount of religious activity is warranted," Davison said. "What is OK and what isn't OK is a matter of intensity. The neighbors have indicated that there are between 50 and 70 people attending services there (every week). There is a considerable amount of noise.

"There are also special celebrations going on in huge tents. The township indicated that he (Bernstein) can't have a house of worship there. The question we need to ask is, is the intensity consistent with the residential zoning ordinances?" Davison said.

According to Marks, however, the volume is considerably less.

"Maybe about 15 to 20 people attend services, and not necessarily every week," the attorney said. "We want the same rights as anyone else who is conducting a secular activity."