It's a win for a small Orthodox Jewish congregation in Houston Texas after city officials finally acknowledged their right to congregate under the law's provision for religious freedom.
CBN News reports that the city of Houston has tried to enforce a deed restriction against Heimish of Houston, a small Jewish group, which would put an end to their meetings at their current place of worship.
The move was unfair considering that many businesses and churches within the neighborhood are allowed to operate. This prompted First Liberty Institute to intervene by asking the city officials through a letter to also recognize the religious rights of the Jewish community. They argue that the small Jewish congregation is under the protection of both state and federal laws from "unreasonable regulations that substantially burden the free exercise of their religion."
The officials reportedly offered no response to this request.
First Liberty Institute and K&L Gates had to file a federal lawsuit in the late March for the city officials to finally respond and settle the complaint. The suit, according to the report, was filed against the city government for threatening the small Orthodox Jewish congregation that meets at a Houston home. The officials agreed to not enforce deed restrictions as well as dismiss previous citations issued against Heimish of Houston.
Deputy general counsel for First Liberty Institute Justin Butterfield said that "religious freedom prevailed' in their fight for Heimish's case.
"We are grateful that city officials followed federal and state laws protecting religious practice, and we are thrilled that Heimish of Houston can continue to meet the needs of its community," he said.
"We are also hopeful that Houston's response will serve as an example to other cities of how a diverse city can welcome people of all faiths," the counselor added.
Yakov Wohlgelernter of Heimish of Houston commented that they are relieved that the fight for their right is over which means they can continue to gather and worship together.
Jamie Bryan, a partner at K&L Gates, said that they are thankful that the settlement brought resolution for their client and congregation's families.
CBN states that the Heimish of Houston, a house in the southwest part of the city, has served as the Jews' synagogue for two years. The arrangement was for the convenience of members who happen to live in the area as a custom law for Sabbath forbids Jews from driving.
According to a local news outlet, the city sent a letter to Heimish in July 2020 demanding the cessation of all activities in the venue within 15 days. Failure to comply would mean they could face further legal action including a fine of up to $1,000 per day.
Aside from the deed restriction, two neighbors reportedly complained about the house being used as a synagogue. Their concerns include parking issues and traffic during the week.
First Liberty thinks that the city is just looking for an excuse to target the congregation.
"Deed restrictions are subject to restrictions on being used to violate people's religious freedom and we think that's what the city is doing here," said Butterfield.
