Glen Rock NJ, the campaign seemed to finally heat up this weekend with America’s Mayor Rudy Giuliani endorsing the GOP District 39 ticket, Senator Cardinale, Assemblyman Auth and Holly Schepisi and helping us raise additional money last night.
District 39 – (Bergen and Passaic) Bloomingdale, Closter, Demarest, Dumont, Emerson, Harrington Park, Haworth, Hillsdale, Mahwah, Montvale, Norwood, Oakland, Old Tappan, Park Ridge, Ramsey, Ringwood, River Vale, Saddle River, Upper Saddle River, Wanaque, Washington (Bergen), Westwood, Woodcliff Lake.
Giuliani also endorsed and campaigned with Kelly Greco Langschultz for NJ Senate. Kelly Landschultz of New Milford is the Republican candidate for Senate, with William Leonard of Glen Rock and Christopher B. Wolf of Saddle Brook the GOP Assembly candidates
District 38 – (Bergen and Passaic) Bergenfield, Fair Lawn, Glen Rock, Hasbrouck Heights, Hawthorne, Lodi, Maywood, New Milford, Oradell, Paramus, River Edge, Rochelle Park, Saddle Brook .
Washington Twp NJ, No injuries were reported by the occupants of a Volkswagen Jetta that wound up in an open manhole near 1115 Linwood Avenue, Washington Township on Thursday afternoon, 11/02. Linwood Ave had recently been repaved.The manhole cover had flipped off after being run over by a beverage delivery truck. The Jetta sustained only minor cosmetic damage in the incident. It was freed from its predicament by a flatbed tow truck. Washington Township Police and Paramus Police units responded. The manhole cover was replaced by several patrol officers.
River Vale, NJ , Assemblywomen Holly Schepisi has had enough ,on Facebook she says , “Sometimes you have to fight back. When you have no platform, positions or plans, you lie about pretty much everything. This isn’t “politics” as usual. It’s intentionally and maliciously defaming someone in an effort to destroy a person’s reputation.”
Schepisi Attorney Gibbons PC Director Thomas J. Cafferty fired off a letter on behalf of the incumbent Republican Assemblywoman to the Committee to Elect Linda Schwager, Jannie Chung and Annie Hausmann.
Cafferty stated in the letter that the Democrats have published, or have caused to be published, various political advertisements containing false and defamatory statements about Schepisi, including: (1) an advertisement dated October 13, 2017, which contains fictitious quotes regarding the Sandy Hook shooting that are falsely attributed to his client; and (2) an advertisement dated October 27, 2017, which depicts images of men with machine guns and includes the statement “Auth and Schepisi have headlined events hosted by the head of a domestic terrorist militia.”
“On behalf of Ms. Schepisi, I hereby demand that you and any and all of your employees, representatives and/or agents, immediately cease and desist the publication of the above-referenced advertisements and any and all other false and defamatory statements about Ms. Schepisi,” Cafferty wrote. “I also insist that you retract the above-referenced advertisements and any and all other false and defamatory statements that you have published about Ms. Schepisi in at least as prominent a location and in the same manner as the original advertisements were published, with a copy to me.”
The attorney also warned about the sanctioning of an unprivileged, false and a defamatory statement concerning his plaintiff, communicated to a third party with the requisite level of fault and which causes damage. See Govito v. W. Jersey Health System, Inc., 332 N.J. Super. 293, 305-06 (App. Div. 2000).
“he level of fault when the statement concerns a public official or public figure, like Ms. Schepisi, is actual malice, which is the knowledge of falsity or reckless disregard for the truth,” Cafferty said. “Durando v. Nutley Sun, 209 N.J. 235, 249 (2012). In other words, the actual malice standard is satisfied when the publisher of the statement entertained serious doubts as to the truth of that statement. St. Amant v. Thompson, 390 U.S. 727, 731 (1968).”
The attorney noted that Schepisi advised the Democrats on multiple occasions that the statements contained in their advertisements are false.
“You have, however, ignored Ms. Schepisi. Consequently, you have published these advertisements with reckless disregard for the truth of the statements contained therein and with the requisite knowledge of falsity,” Cafferty wrote. “If you do not cease publication of any and all false and defamatory statements about Ms. Schepisi, I will have no choice but to advise my client of all legal remedies available to her including, without limitation, instituting a lawsuit against you.”
District 39 is Bergen and Passaic counties; Bloomingdale, Closter, Demarest, Dumont, Emerson, Harrington Park, Haworth, Hillsdale, Mahwah, Montvale, Norwood, Oakland, Old Tappan, Park Ridge, Ramsey, Ringwood, River Vale, Saddle River, Upper Saddle River, Wanaque, Washington (Bergen), Westwood, Woodcliff Lake .
New Milford NJ, we are sorry to report that Darren Drake, a New Milford native and former school board president, was among those killed in Tuesday’s terror attack in Lower Manhattan. Drake, 33, was a project manager at Moody’s Investors Service at Seven World Trade Center.
Assemblymen Bob Auth District 39 issued the following statement , “I am deeply saddened by the attack of our fellow neighbors in New York City yesterday afternoon. My prayers, and the prayers of my family, go out to the victims and their families. I am especially saddened to hear that New Milford council candidate, Darren Drake, was among those who succumbed to his injuries. He had been elected to the New Milford school board and eventually became president of body. He will be missed by many. ”
Assemblywomen Holly Schepisi District 39 said , “I just heard that one of those killed in yesterday’s terrorist attack was a Bergen County resident. I am someone who is a realist on immigration issues. I believe in a pathway to citizenship for people who have built their lives in the US while working, paying taxes and providing for their children. However, if we turn NJ into a Sanctuary State, game over. We are literally advertising to every single person who comes into the US illegally, to every person who has a nefari…ous purpose for being here, that we as a State will not only welcome them but we will provide them with driver’s licenses and benefits, we will refuse to cooperate with Homeland Security and ICE and we will HARBOR TERRORISTS. As a legislator representing Bergen and Passaic counties, counties that the terrorist directly impacted and lived in, I say NO. If you care about the future of this State you must vote against us being a Sanctuary State and you must vote for representatives who pledge to fight against it. Make you voices heard on November 7th.”
Trenton NJ, Attorney General Christopher S. Porrino announced today that the State has filed a five-count lawsuit against Purdue Pharma L.P. alleging a “direct” link between New Jersey’s opioid crisis and a push by Purdue to boost profits by deceptively marketing addictive medications and exploiting vulnerable new markets, such as the elderly and the “opioid-naïve.” The lawsuit charges Purdue with widespread deception about the risks and benefits of these dangerously addictive pain medications.
“When we point the finger of blame for the deadly epidemic that has killed thousands in New Jersey, Purdue is in the bullseye of the target,” said Attorney General Porrino. “Today, my office took the first step toward holding them legally and financially responsible for their deception.”
Filed today in Superior Court in Essex County, the State’s 100-page complaint charges that Purdue manipulated the public and even the medical community to embrace the view that pain was undertreated and that opioids should be the first-line solution for patients suffering from chronic conditions such as moderate back pain, migraine headaches and arthritis. The complaint alleges that Purdue aggressively marketed its blockbuster opioid drugs – particularly OxyContin – as safe, effective, long-term treatments for chronic pain. It also alleges Purdue failed to disclose that it had no studies to support the efficacy or safety of opioid medications for treatment periods longer than 12 weeks.
“In a campaign of almost inconceivable callousness and irresponsibility, we allege that Purdue has spent hundreds of millions of marketing dollars to downplay the addiction risk associated with taking opioids for chronic pain, all the while exaggerating the benefits of using these dangerous drugs,” Porrino said. “We allege that this fraudulent conduct has not only given false hope to many pain patients, it has led to addiction, overdose, and death. It also has cost the State hundreds of millions on opioid prescriptions and the broader health and social effects of overprescribing. Many of these prescriptions never should have been written.”
The State’s investigation yielded evidence that each Purdue sales representative in New Jersey was required to visit 7-8 doctors per day, 5 days a week, to promote these opioids. The highest volume prescribers were given the title of “Super Core Prescribers,” and received special attention from Purdue. Sales representatives were compensated based on reaching their “Rx quota” for each drug. For OxyContin alone, the quotas were in the range of 500-700 prescriptions per month for each sales representative – amounting to quotas of 6,000-8,400 prescriptions per year for each sales representative. Attorney General Porrino noted, “The sheer number of marketing visits made by Purdue sales representatives to New Jersey prescribers is staggering – and based on the number of prescriptions, the scheme clearly was a smashing success for the company.”
Purdue makes and sells a variety of opioid pain medications including Dilaudid, Dilaudid HP, Butrans and Hysingla ER. However, the company’s most popular opioid pain medication by far is OxyContin. Since the market debut of OxyContin in 1996, Purdue has generated overall sales estimated at more than $35 billion. The company’s current annual revenues are estimated at approximately $3 billion, mostly from the sale of OxyContin.
According to the complaint, the State’s largest Medicaid managed care organization has paid $109 million for opioids through the Medicaid program since 2008, the State paid another $6 million under its Workers’ Compensation Program since 2008, and approximately $136 million under its State Employee and Retiree Health Plan since 2012. Meanwhile, New Jersey consumers – including individuals, employers and private insurers – easily have paid hundreds of millions for opioid prescriptions. In addition to these costs, the State and private consumers have paid millions of dollars to treat addiction, overdose and other injuries associated with opioid overprescribing and misuse.
The State’s complaint seeks monetary damages for false claims, maximum statutory penalties under the Consumer Fraud Act and the False Claims Act, disgorgement of ill-gotten gains and other relief as contribution for the expensive solutions — including addiction treatment and prescriber education — which are necessary to abate the crisis in New Jersey.
“Prescribing opioids for routine chronic pain is dangerous and, in many cases, inappropriate,” said Attorney General Porrino. “However, in New Jersey and across the nation it became mainstream medical practice and the treatment of first resort. How did that happen? It happened because certain companies within the pharmaceutical industry saw a chance to grow their profits by peddling extraordinarily potent, highly-addictive opioid drugs for routine pain. We allege that Purdue Pharma was chief among these opportunistic and predatory companies.”
According to the State’s complaint, Purdue’s campaign to change the health care landscape with regard to opioids began in the late 1990s. Prior to that, the lawsuit notes, opioids were used on a much more limited basis – to treat acute trauma-related pain, post-surgical pain or for palliative care – because the drugs were considered too addictive and debilitating for long-term use. Faced with a medical and popular understanding of opioids that constrained its market, the complaint alleges that Purdue aggressively set out to change the image of opioids by encouraging prescribers to believe the drugs would permanently reduce pain in chronic pain patients and improve their function, with little or no addiction risk.
The complaint alleges that part of Purdue’s push to mainstream opioids was aided by Dr. Russell Portenoy, a pain management specialist who received “substantial” funding from Purdue to conduct research, and was paid to serve as a Purdue consultant. In the late 1990s, the State’s complaint notes that Portenoy led a successful campaign in the national medical community to make pain “the fifth vital sign” — to be checked in every health care encounter – putting it on par with measuring blood pressure, heart rate, body temperature and breathing. Purdue’s early marketing of OxyContin lead to criminal fraud charges against the company and its executives, charges that Purdue paid more than $600 million to settle with the U.S. Department of Justice in 2007. But Purdue built upon those foundational deceptions, and continued deceptive and unconscionable marketing from 2007 through the present.
Among other actions in the 2007-2017 timeframe, the complaint charges that Purdue:
Blanketed the State with sales representatives trained to emphasize the benefits of opioids, minimize their risks, deflect questions about addiction risks, and encourage doctors to consult unbranded websites and materials that did the same.
Funded and created “unbranded” educational materials and websites that never identified Purdue or its products by name because they were deceptively designed to look like the work of unaffiliated patient advocacy groups. These unbranded materials magnified and supported Purdue’s deceptive marketing scheme.
Promoted the unsubstantiated concept of “pseudoaddiction” to assure doctors that patients showing signs of addiction were actually suffering from undertreated pain and needed more medication.
Promoted its 2010 “abuse-deterrent” reformulation of OxyContin by distributing and recommending materials that misleadingly described the signs of abuse as the stigmata of injecting or snorting opioids—skin popping, track marks, and perforated nasal septa – when, in fact, oral use (swallowing a pill) is the most common method of abuse and was not minimized by the 2010 “abuse-deterrent” reformulation.
Refused to acknowledge that OxyContin ER does not provide 12 hours of constant pain relief, despite widely reported end-of-dose failure. Instead, Purdue recommended that doctors prescribe patients with end-of-dose supplemental opioids for short-term relief and higher doses of OxyContin ER, putting patients in a perpetual cycle of craving their medication and at greater risk for addiction.
Ignored a growing body of research showing that long-term use of opioids was neither safe nor effective.
The company also trained its sales representatives to persuade doctors to prescribe OxyContin and Purdue’s other opioids for the elderly and for “opioid naïve” patients (patients who had not previously taken opioids). The complaint alleges that “Purdue’s decisions to target the elderly and opioid-naïve patients reflect, yet again, a business strategy that placed little, if any, value on the well-being and safety of consumers. Elderly patients taking opioids are at greater risk for fracture and hospitalization, and they have increased vulnerability to adverse drug effects such as respiratory depression.”
A Purdue sales representative interviewed by the State recalled intense pressure from Purdue to persuade doctors to convert patients from over-the-counter medications – such as Advil or Tylenol – to a “low dose” of OxyContin. Purdue knew, however, that chronic pain patients don’t stay on a “low dose” of OxyContin – as their bodies develop a tolerance to the drug, the dosage will likely be increased. In fact, Purdue’s marketing scheme included a focus on “titrating up” – the technical word for increasing a patient’s opioid dosage.
“This conduct was incredibly exploitative and put people in danger. As we allege in our complaint, Purdue targeted New Jersey seniors and the opioid-naïve for a reason – they were a growth sector,” Attorney General Porrino said.
Porrino noted that, according to the State’s complaint, “one in three” enrollees in Medicare Part D (the prescription benefit) received at least one opioid prescription in 2016.
The State’s lawsuit notes that recent findings by both the federal Food and Drug Administration (FDA) and the national Centers for Disease Control (CDC) directly debunk Purdue’s claims about the efficacy and limited risks associated with opioids.
The CDC has confirmed there are no controlled studies about the use of opioids beyond 12 weeks, and the federal Agency for Healthcare Research and Quality has made plain “there is no evidence that opioids improve patients’ pain and function long-term.”
The State’s lawsuit contends that such information clearly contradicts Purdue’s claim that long-term use of opioids improves function and quality of life. The lawsuit also asserts that, according to some research, opioids actually are ineffective at treating chronic pain, and can worsen a patient’s health not only by putting the patient at risk for addiction and overdose, but also by increasing the likelihood of other debilitating conditions, such as substance abuse, depression, and anxiety.
Paramus NJ, Bergen County Prosecutor Gurbir S. Grewal announced charges of Murder, Desecration of Human Remains, Hindering Apprehension and Possession of a Weapon for an Unlawful Purpose against JESUS LOPEZ (DOB: 08/19/1987) of 44 Spring Valley Road, Paramus, New Jersey, in connection with the death of his mother, 56-year-old Susana Lopez (DOB: 1/10/1961) of Paramus.
On October 24, 2017, Paramus Police were requested to conduct a welfare check at 44 Spring Valley Road in Paramus where Jesus LOPEZ resided with his mother Susana Lopez. After making contact with Jesus LOPEZ who was inside the home, further investigation revealed that he had murdered his mother days earlier, and that her remains were on the property. Police subsequently located her remains in a detached garage adjacent to the residence.
Following an investigation by the Bergen County Prosecutor’s Office Major Crimes Unit and the Paramus Police Department, Jesus LOPEZ was arrested for the murder of Susana Lopez and was brought to the Bergen County Prosecutor’s Office for processing.
Jesus LOPEZ is charged with the following offenses: Murder in violation of N.J.S.A. 2C:11-3a(1),(2), a crime of the 1st Degree; Desecration of Human Remains in violation of N.J.S.A. 2C:22-1A(1), a crime of the 2nd Degree; Possession of a Weapon for an Unlawful Purpose in violation of a crime of the 3rd Degree; and Hindering Apprehension in violation of N.J.S.A 2C:29-3B(1), a crime of the 3rd Degree. He is presently in the custody of the Bergen County Sheriff pending his first appearance, which will be set by the Superio Court.
Prosecutor Grewal states that these charges are merely accusations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Prosecutor Grewal would like to thank the Paramus Police Department under the direction of Chief Kenneth Ehrenberg and the Bergen County Sheriff’s Office Bureau of Criminal Investigations under the direction of Sherriff Michael Saudino for their assistance in this investigation.
photos courtesy of Boyd Loving’s Facebook Page
October 28,2017
the staff of the Ridgewood blog
Westwood NJ, A PSE&G Electric Division crew struck a natural gas line while setting a utility pole on Lafayette Avenue in Westwood on Friday afternoon, 10/27. An unknown number of residential structures within close proximity to the struck line were evacuated until repairs were made. Fire department personnel from Westwood and Washington Township were placed on stand by at the scene. No incident related injuries were reported.
photo courtesy of Boyd Loving’s Facebook
October 27,2017
the staff of the Ridgewood blog
Glen Rock NJ, For the second time in less than one (1) week, a brush fire caused the temporary suspension of train traffic on NJ Transit’s Bergen County Line through Glen Rock. The Friday afternoon, 10/27, brush fire was contained to a small area and extinguished by Glen Rock firefighters using water cans, shovels, and rakes. The fire was spotted by a NJ Transit Maintenance of Way employee working near 536 Broad Street, Glen Rock. No injuries were reported. Glen Rock Police, NJ Transit Police, and Hawthorne Fire Department also responded.
Waldwick NJ, A Thursday afternoon, 10/26 Waldwick fire that reportedly originated in an outdoor barbecue resulted in one (1) person sustaining minor burns and required the response of Waldwick Fire Department personnel to extinguish. Minor fire related damage was reported to the exterior of a single family home located on Charles Terrace, Waldwick resultant from the fire. Waldwick EMS transported the burn victim to The Valley Hospital for treatment. Waldwick Police also responded.
Fort Lee NJ, The Community Resource Council is honoring John Mitchell, President of Fort Lee Rotary and Former Bergen County Freeholder Chairman on December 6th with the prestigious Dr. Harry Brandeis Community Service Award.
visited the Zabriskie Schedler House 2013
Each year the Community Resource Council is pleased and proud to award the Dr. Harry Brandeis Memorial Community Service Award. Dr. Harry Brandeis was a
highly respected, distinguished Bergen County physician and philanthropist who served as the president of the Community Resource Council Board of Trustees for many years.
This award was established to honor Dr. Brandeis’s memory and is accorded to individuals that have made significant contributions to the community.
The Community Resource Council established in 1933 is a recognized vital resource center that informs and educates about the health and human services and resources
available in the Bergen County area, State of New Jersey, and the Nation. The CRC has become a “last resort” agency for all those needing help.
Fair Lawn NJ, Personnel from Fair Lawn Fire Truck Company #1 and Fair Lawn FD Engine Company #3 assisted a family of Edward Street, Fair Lawn by retrieving a portable gazebo that had blown up onto the roof of their single family home during a Tuesday afternoon, 10/24 rain/wind storm, and become entangled in the structure’s chimney. No injuries were reported in the mishap and the chimney sustained cosmetic damage only. However, the portable gazebo appeared to have been destroyed.
GLEN ROCK NJ , Stag House and its counterpart Doe.Tique, a full-service barbershop and salon headquartered in Glen Rock, NJ, announced it will host their second annual Step Brothers-themed Stagiversary, The Catalina Stag Mixer, on Friday, November 3 from 6 to 10 p.m., 228 Rock Rd, Glen Rock, NJ. Catering to both the refined gentleman and the unique women, the event will celebrate Stag House’s second anniversary, while supporting and paying homage to the local community.
“We work hard to build relationships with our clients and staff. Last year’s event drew over 150 attendees – from old friends and family to distant relatives and friends who drove over two hours – just to support us,” says Christine Modica, co-owner, Stag House. “For our second year, we are hoping to drive home our mission: create bonds between clients and other local businesses to have a strong foundation to continue growing alongside others.”
Stag House prides itself on supporting the community and using local businesses, products and services to promote each other.
Rachel Israel, co-owner, Stag House, says, “This event is really a way to let everyone know how much we appreciate them being part of our business, because we couldn’t have done it without them. Stag isn’t a typical salon. We service the client. This is the one place where people can be themselves and forget about their stress – where no one gets judged for who they are.”
The Step Brothers-themed evening will feature several local vendors and entertainment, including: Glen Rock Inn, Merve’s Kitchen and Bakery, Francesca Brick Oven Pizza & Pasta, Andy’s Corner, Pop’s Breakfast and Lunch Stop, Architekt Music School, United EVENTures, JT Straws, LaTour Ridgewood, signage from Bracken Designs and photos by MNM Photography.
Master Barber, Kevin Modica, who recently joined Stag House, is hoping to use the Stagiversary as a way to welcome clients – old and new – and give back. He says, “There is not enough thanks in the world I can give to those who support me.”
Mahwah NJ ,Mahwah Police and EMS units rushed to the scene of a multi vehicle crash involving a mini school bus at the intersection of Bayberry Drive and Masonicus Road on Tuesday afternoon, 10/24. The school bus slammed head-on into a tree in Mahwah after being struck by another vehicle early Tuesday evening.
Multiple victims, adult and juvenile, were transported by ambulances to area hospitals. Three (3) vehicles, including the school bus, were removed from the scene by tow trucks.
Mahwah NJ, Likening the conduct of Mahwah township officials to 1950s-era “white flight” suburbanites who sought to keep African-Americans from moving into their neighborhoods, Attorney General Christopher S. Porrino announced today that the State has filed a Superior Court complaint against the Mahwah Township Council and the Township of Mahwah alleging that, in an effort to stave off a feared influx of Orthodox Jewish persons from outside New Jersey, it approved two unlawfully discriminatory ordinances.
One of those ordinances discriminated by banning non-New-Jersey-residents from using Mahwah’s public parks, the State alleges. The other – an ordinance amendment – discriminated by effectively banning the posting, on utility poles, of plastic strips called “lechis” that denote the boundaries of an eruv used by Sabbath-observant Orthodox Jews. The complaint also challenges actions the township has taken to have an existing eruv removed.
Filed in Superior Court in Bergen County, the State’s nine-count complaint is filed on behalf of Attorney General Porrino, the Division on Civil Rights, Commissioner Bob Martin and the New Jersey Department of Environmental Protection (DEP). It charges that the township council, influenced largely by vocal anti-Orthodox-Jewish sentiment expressed by some residents at public meetings and on social media, engaged in unlawful discrimination aimed at halting an unwanted “infiltration” by Orthodox Jews – particularly from neighboring Rockland County, NY.
In addition to charging discrimination, the State’s complaint notes that Mahwah Township has applied for and received more than $3.4 million in DEP Green Acres grants – money the lawsuit filed today seeks to reclaim – for purchase and maintenance of its parks, and that Mahwah’s ordinance banning non-New-Jersey residents from using those parks is a direct breach of its Green Acres funding contracts.
“In addition to being on the wrong side of history, the conduct of Mahwah’s township council is legally wrong, and we intend to hold them accountable for it,” said Attorney General Porrino. “To think that there are local governments here in New Jersey, in 2017, making laws on the basis of some archaic, fear-driven and discriminatory mindset, is deeply disappointing and shocking to many, but it is exactly what we are alleging in this case. Of course, in this case we allege the target of the small-minded bias is not African-Americans, but Orthodox Jews. Nonetheless, the hateful message is the same.”
DEP Commissioner Bob Martin said it is “regrettable” that Mahwah appears to have made a concerted effort to block non-New-Jersey- residents from using its public parks, which are subject to Green Acres restrictions as a condition of Green Acres funding to Mahwah.
Martin noted that, as the State lawsuit filed today makes plain, the Green Acres Act provides that use of any lands acquired under the program is not to be restricted on the basis of religion or residency.
“The Green Acres Program was created in 1961 and envisioned as a way to meet the recreation and conservation needs of our growing state. It was intended to ensure that in the future, there would always be plenty of open spaces across New Jersey for people – all people – to enjoy,” said Martin. “What’s been happening in Mahwah with respect to the township’s parks ordinance is not in accordance with the original intent of the Green Acres Program. As such, it is unacceptable, and it cannot be allowed to stand.”
Attorney General Porrino said Mahwah’s council members should be setting a better example than to entertain – and act under the influence of – public comments rife with hate and bias.
“Our public officials are sworn to respect and uphold the rule of law, to set an example and represent all citizens – not just those with the loudest voices,” said Porrino. “No person should need to hide his or her religious faith to live, work, or enjoy a local park. Likewise, local government should not be interfering with the exercise of religious freedom, as we allege Mahwah has attempted to do with its ordinance amendment effectively banning eruv markings. Through our lawsuit, we seek to have these illegal, bias-driven actions nullified.”
In addition to seeking statutory penalties and attorney’s fees and costs, the complaint seeks return of all Green Acres funding awarded Mahwah. It also asks the Court to grant preliminary and permanent injunctions blocking the two Mahwah ordinances alleged to be discriminatory.
The State’s complaint explains that an eruv is a designated geographical area within which Jews who hold certain religious beliefs may push or carry objects – such as a stroller, wheelchair, keys or identification – during the Sabbath (Friday evening to Saturday evening) and during the Jewish holiday of Yom Kippur.
For those who hold these beliefs, the complaint notes, the act of pushing or carrying objects on the Sabbath or Yom Kippur is permitted only inside the home or within the confines of a properly established eruv. An eruv is commonly created by affixing thin plastic strips known as lechis to utility poles to mark the boundaries of the area.
In 2015, the Bergen Rockland Eruv Association sought to extend an existing eruv in Rockland County, NY, to cover the full southern part of Rockland County. The proposed path of the extension included areas within a portion of Mahwah Township near the New York border.
The State’s complaint alleges that, despite approval of the posting of lechis on its utility poles in Mahwah by Orange & Rockland Utilities – and despite the township having struck a formal agreement to ensure security and traffic control by Mahwah Police in May 2017 while the posting work went on – the township council forged ahead in July 2017 and approved an illegal amendment to its sign ordinance effectively banning lechis on utility poles.
As amended, the sign ordinance – which previously banned simply “signs” on utility poles – now included expanded language prohibiting the posting of “any … device or other matter” on a utility pole, shade tree, lamp post, curbstone, sidewalk, or upon any public structure or building in Mahwah.
A month after initiating efforts to amend the sign ordinance language, the council voted to authorize Mahwah’s zoning officer to issue summonses against the Bergen Rockland Eruv Association for violating the existing ordinance. The State’s lawsuit observes that, prior to the sign ordinance being amended, the Eruv Association had worked cooperatively with Orange & Rockland Utilities, the Mahwah township administration and the Mahwah police department in creating the eruv.
With respect to the ordinance banning non-New-Jersey-residents from Mahwah parks, the State’s complaint alleges that on June 8, 2017, all seven township council members voted in favor of the measure upon its introduction.
At a subsequent public hearing on the ordinance – on June 29, 2017 – the council members heard comments from members of the public in attendance, and also received comments from residents by way of e-mail and social media.
The complaint notes that many of the public comments offered were “overtly anti-Semitic” in nature, and that around the same time, Mahwah Police began receiving “multiple calls” from residents reporting that people who appeared to be Orthodox Jews were using the parks, although the callers did not allege any problematic conduct.
The complaint also notes that, upon approving the parks ordinance, the township created proposed signs for posting in its parks explaining that the facilities were only open to New Jersey residents, but including such disclaimers as “GUESTS OF A RESIDENT ARE PERMITTED USE” and “EMPLOYEES OF LOCAL BUSINESSES ARE PERMITTED USE.”
In addition, the State’s lawsuit recounts that, in an e-mail sent to Council President Robert Hermansen, a Mahwah resident who is not of Orthodox Jewish faith expressed concern that her mother – a New York resident – would not be able to take her grandchildren to Mahwah’s parks. Allegedly, the council president replied that the grandmother had nothing to worry about, and that the ordinance banning non-New-Jersey residents from Mahwah’s parks was not intended to address her situation.
Among other things, the complaint filed today alleges – in separate counts – that the Mahwah parks ordinance and the amended sign ordinance represent abuses of municipal power by the Mahwah township council, in violation of the First, Fourth and 14th Amendments of the U.S. Constitution.
For example, the lawsuit contends, enforcement of the ban on non-New-Jersey residents using Mahwah parks would inevitably require Constitutional over-reach by Mahwah police officers seeking to determine if an individual observed using the park resided in Mahwah. Specifically, the complaint contends, police officers – absent evidence of any suspicious or unlawful conduct by the park user — would have to approach the person and require him or her to provide appropriate documentation in order to remain in the park.
“Each instance of enforcing the (parks) ordinance will subject affected persons to an unreasonable search,” the complaint asserts.
Also, in addition to counts alleging that Mahwah’s amended sign ordinance banning eruvs is unconstitutional, the complaint charges that it is tantamount to housing discrimination.
Specifically, the complaint says, a ban on eruvs – or threats of being issued summonses and fines for not removing the lechis that demarcate eruvs – would interfere with the ability of observant Orthodox Jews to live in Mahwah, thereby denying them housing on the basis of religion.
“This is an extensive complaint that lays out a variety of serious allegations and a number of legal theories, but the bottom line is very simple – the township council in Mahwah heard the angry, fear-driven voices of bigotry and acted to appease those voices,” said Attorney General Porrino.
“Our duty is to uphold the law, even when the fight might be unpopular and regardless of whether we have the winds of protest or political favor at our backs,” Porrino said. “Our message to those public officials in Mahwah who are leading or following this misguided charge is meant to be loud and clear: We intend to hold you accountable. Our message to local officials in other towns who may be plotting to engage in similar attempts to illegally exclude, is the same: We will hold you accountable as well.”
QUICK RELEASE – INVESTIGATION OF SUSPICIOUS DEATH IN PARAMUS, NEW JERSEY
October 25,2017
the staff of the Ridgewood blog
Paramus NJ , The Bergen County Prosecutor’s Office’s Major Crimes Unit is investigating the suspicious death of an adult female at a home on Spring Valley Road in Paramus, New Jersey. At the present time, there is one adult male suspect in custody and no additional suspects are being sought. The investigation is ongoing, including as to cause of death, and we do not anticipate releasing any additional details this evening.
