Rabbi Shmuel Posner hopes to reopen the Chabad of Nova in Cooper City.
“It’s gonna happen,” Posner said Wednesday, the day after a federal judge ruled Cooper City violated the rights of his Orthodox synagogue. “The city is not above the law; they’re trying to play above the law, but no one is above the law.”
On Tuesday, Miami U.S. District Judge Cecilia Altonaga ruled against Cooper City on nearly every issue in a lawsuit filed in May 2007 that accused the city of using zoning rules to keep Chabad out of town.
In October 2006, the city amended its zoning laws to allow religious groups in office parks and recreational districts but not in business districts.
The judge ruled Cooper City’s previous zoning code violates the federal Religious Land Use and Institutionalized Persons Act. The law, enacted in 2000, is designed to protect religious organizations from unduly restrictive zoning laws.
On Monday, the judge will decide the remaining counts of the suit and how much money the Chabad will get in damages.
Mayor Debby Eisinger declined to comment Wednesday, citing the pending court case. City Commissioners Neal deJesus and Lisa Mallozzi also declined to comment.
“We’ve tried to resolve this thing to no avail,” Commissioner John Sims said. “I had a feeling that the attorneys didn’t do the job properly and that is reflected in the judge’s order. I’m disappointed that Rabbi Posner has had to go through all this.”
Damages could exceed $1 million, including attorneys’ fees, said Franklin Zemel, attorney for Posner.
The payout should be covered by the city’s insurer, said attorney Michael Burke, who is handling the case for Cooper City. Burke declined further comment, saying he was still reviewing the ruling.
“It’s just one more black mark against Cooper City,” said longtime resident Gladys Wilson. “I cannot believe this has gone on this far. They’ve wasted enough money and time.”
On July 15, city commissioners rushed to fix the zoning code by allowing religious institutions in business districts. Altonaga’s decision did not address the new rule.
“The new ordinance fixes any defects which the court found in the old ordinance,” City Attorney David Wolpin said.
Zemel disagrees. The new code lumps religious groups into the same category as, say, dance studios and karate schools, but faces challenges because it limits their numbers, he said.
Under the Religious Land Use law, cities not only have to treat religious groups the same as any other business seeking zoning approval, they can’t impose any zoning rules that inflict a “substantial burden” on the organization.
In 2005, Posner tried to open a Chabad of Nova Outreach Center in the Timberlake shopping plaza on Griffin Road. Soon after, he was told to leave because of a 2004 city law that banned religious groups from business districts.
“When the city banned them from the business district, they essentially banned them from anywhere in the city,” Zemel said. “There was nowhere that any new religious assembly could go.”
Posner has temporarily moved the outreach center to 8276 Griffin Road in Davie. The location he once rented at Timberlake is now taken, but he hopes to eventually return to Cooper City.
Staff Writer John Holland contributed to this report.
Susannah Bryan can be reached at or 954-385-7929.
