TENAFLY ERUV ASS'N, INC. v. BOROUGH OF TENAFLY

No. 01-3301.

309 F.3d 144 (2002)

TENAFLY ERUV ASSOCIATION, INC.; Chaim Book; Yosifa Book; Stephanie Dardick Gottlieb; Stephen Brenner, Appellants v. THE BOROUGH OF TENAFLY; Ann Moscovitz, individually and in her official capacity as Mayor of the Borough of Tenafly; Charles Lipson; Martha B Kerge; Richard Wilson; Arthur Peck; John T. Sullivan, each individually and in their official capacities as Council Members of the Borough of Tenafly

United States Court of Appeals, Third Circuit.

Filed October 24, 2002.


Attorney(s) appearing for the Case

Robert G. Sugarman (Argued), Harris J. Yale, Craig L. Lowenthal, Weil, Gotshal & Manges, New York, NY, Richard D. Shapiro, Hellring, Lindeman, Goldstein & Siegal, Newark, NJ, Nathan Lewin (Argued), Alyza D. Lewin, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Washington, DC, for Appellants.

Bruce S. Rosen, McCusker, Anselmi, Rosen, Carvelli & Walsh, Chatham, NJ, Walter A. Lesnevich, Lesnevich & Marzano-Lesnevich, Tenafly, NJ, Noah R. Feldman (Argued), New York University Law School, New York, NY, for Appellees.

Kevin J. Hasson, Anthony R. Picarello, Jr., Roman P. Storzer, Derek L. Gaubatz, The Becket Fund for Religious Liberty, Washington, DC, Nathan J. Diament, Union of Orthodox Jewish Congregations, Washington, DC, Abba Cohen, Agudath Israel of America, Washington, DC, David Zwiebel, Mordechai Biser, Agudath Israel of America, New York, NY, Ronald K. Chen, Rutgers Constitutional Litigation Clinic, Newark, NJ, Edward Barocas, J.C. Salyer, American Civil Liberties Union of New Jersey Foundation, Newark, NJ, for Amicus-Curiae.

Before NYGAARD, ROTH and AMBRO, Circuit Judges.


OPINION OF THE COURT

AMBRO, Circuit Judge.

The primary issues presented in this appeal from the District Court's order denying preliminary injunctive relief are whether the Free Speech and Free Exercise Clauses of the First Amendment allow the Borough of Tenafly, New Jersey, which has permitted various secularly motivated violations of a facially neutral ordinance, to invoke that ordinance against comparable religiously motivated acts by Orthodox Jews. Because...

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