A rabbi is suing Hawaii County after officials threatened to impose thousands of dollars in fines for holding religious meetings inside his home.
The lawsuit was filed by First Liberty Institute (FLI) Tuesday on behalf of Rabbi Levi Gerlitzky, who lives in Hawaii and runs the Chabad Jewish Center of the Big Island. During the observance of the Sabbath, Gerlitzky would often host people in his home, sometimes nearly 30 people, but was told by county officials in February 2023 that he must get a permit to hold religious gatherings in his home, according to the complaint. (RELATED: Church Secures Victory For Homeless Ministry After City Officials Agree To Drop Criminal Charges)
“In this time of great uncertainty and fear for many members of the Jewish community, Defendants attempt to prevent Jewish residents of the Big Island from gathering together for prayer and celebration in accordance with their faith in the home of their Rabbi. None of the U.S. Constitution, the Hawaiian Constitution, or federal law tolerate such restrictions, and neither can this Court,” the lawsuit reads.
People leave after a group photo, part of the annual International Conference of Chabad-Lubavitch Emissaries, in front of Chabad Lubavitch World Headquarters on November 19, 2017, and are among 4,600 rabbis from around the world who are in New York for an international conference aimed at reviving Jewish awareness around the world. (Photo by Amir Levy/Getty Images)
The county’s zoning laws require a permit to use residential property for religious purposes but not for secular ones, according to the lawsuit. FLI attorneys argue that the zoning laws violate the First Amendment and the Constitution by singling out religious groups.
After a series of back-and-forth communications, the county informed Gerlitzky that he would need to cease all religious meetings in his home and pay a $1,000 fine by April 17, with $100 additional fines starting the following day if the amount was not paid, according to the lawsuit. That same month, Gerlitzky attempted to get a permit to comply with zoning codes and put an end to the fines but was denied because the county needed more “detailed information.”
Gerlitzky reportedly attempted to meet with county officials on several occasions to discuss the situation but was “rebuffed” and told to stick to the permit process as fines continued to pile up, according to the complaint. The Center owes over $50,000 in fines at the time of the lawsuit and FLI asked the court to grant relief and rule that the zoning laws are unconstitutional.
“Rabbi Gerlitzky has a constitutional right to engage in religious activities in his home with family or friends in the Jewish community, free from government burden and interference,” Jeremy Dys, senior counsel for First Liberty Institute, said in a press release. “By levying fines on religious gatherings 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 Hawaii Supreme Court recently ruled that there is no state constitutional right to carry a firearm, overruling several major Supreme Court decisions on the exercise of the Second Amendment. The state Supreme Court argued that the nation’s highest court “handpicks history to make its own rules.”
The county did not immediately respond to the Daily Caller News Foundation’s request for comment.
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