SR-703-014
F:atty\muni\strpts\mjm\eruv.doc
City Council Meeting 2-22-05 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution Authorizing the City Manager to Enter into a Licensing
Agreement with the Los Angeles Coastal Eruv Committee Relating to the
Creation of an Eruv
Introduction
This staff report conveys and explains a request from the County of Los Angeles and
the Los Angeles Coastal Eruv Committee that Santa Monica assent to the creation of a
coastal eruv, a geographic designation which enables Orthodox Jews to exercise their
religious freedom. A resolution is attached which authorizes the City Manager to enter
into a licensing agreement with the Los Angeles Coastal Eruv Committee to facilitate
the creation of the eruv.
Background
An eruv is a ceremonial demarcation of a geographic area. The demarcation enables
Orthodox Jews who have small children or are disabled to attend synagogue without
violating the prohibition against pushing or carrying objects outside of their homes on
the Sabbath. Absent creation of an eruv, activities such as pushing baby strollers and
wheelchairs or carrying canes and walkers outside the home on the Sabbath would
violate Talmudic law.
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Custom allows construction of an eruv by using lechis (thin monofilament fishing line) to
establish eruv boundaries. The enclosure extends the boundaries of their homes to
include their synagogues. The lechis are usually attached to existing streetlight poles,
poles, fences or other structures to create the continuous boundary of the eruv.
Existing case law includes several decisions discussing the creation of eruvs and
limiting municipal power to restrict them. One such case establishes that a city law
prohibiting the public from attaching things to utility poles could not be asserted to
preclude creation of an eruv if the city allowed other attachments to such poles. See
Tenafly Eruv Assoc. v. Borough of Tenafly, 309 F.3d 144 (3d cir. 2002)
The eruv proposed for the Westside would encompass area within the City and the
County of Los Angeles, as well as in Santa Monica. In Santa Monica the proposed eruv
boundary would run westward along the freeway and south along Beach Front Walk into
Venice.
Discussion
Cooperating in the establishment of the proposed eruv would help meet the needs of
Orthodox Jewish community members and would not detrimentally affect the City as a
whole. The lechis consist of clear monofilament strung at a height of at least 16 feet
and would be virtually undetectable. They would be attached to existing facilities. No
new poles would need to be installed. Thus, visual impacts would be nonexistent or
negligible. Installation would be handled by the Committee pursuant to a license with
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the City. Because the installation would be simple and quick, there would be no
noticeable construction impacts. Therefore, there is no practical reason to deny the
request. Moreover, there are legal reasons to grant it.
Financial Impacts
There are no financial impacts.
Recommendation
Staff recommends that the Council adopt the attached resolution directing staff to enter
into a license agreement authorizing installation of lechis on existing City facilities for
the purpose of creating the Coastal eruv.
PREPARED BY: Kate Vernez, Assistant to City Manager, Government Relations
Elaine Polachek, Open Space Manager
Craig Perkins, Director of Environmental and Public Works Management
Marsha Jones Moutrie, City Attorney
See adopted Resolution No. 10019 (CCS)
Reference Contract No. 8453 (CCS)
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