Judge Allows Jewish Congregation's Religious Practice To Continue, Denies HOA's Injunction
Liberty Institute Attorneys Applaud Collin County District Court Judge Jill Willis's Ruling Denying Temporary Injunction at Public Hearing in Collin Country District Court
PLANO, Texas, April 10, 2014
PLANO, Texas, April 10, 2014 /PRNewswire-USNewswire/ -- Today, Liberty Institute, on behalf of its client Congregation Toras Chaim, is encouraged by Judge Willis's denial of a homeowners association's request for an injunction that would have effectively disrupted community religious practice for 30 Orthodox Jewish families in North Dallas on the eve of Passover.
The public hearing on the lawsuit—David R. Schneider, v. Judith D. Gothelf, Mark B. Gothelf and Congregation Toras Chaim, Inc., and Highlands of McKamy IV and V Community Improvement Association v. Judith D. Gothelf and Mark B. Gothelf—was held at 9:00 AM CT in the 429th District Court of Collin County, 2100 Bloomdale Rd., McKinney before the Honorable Jill Willis. Here's a link to view the the defendant's opposition: http://www.libertyinstitute.org/document.doc?id=141
"We are excited that we were able to successfully defend the religious liberty rights of this congregation on the eve of Passover," said Justin Butterfield, Liberty Institute Senior Counsel. "Had the families of the congregation been deprived of the ability to freely worship this Passover, it would have be an egregious violation of their religious freedoms."
In the hearing, Liberty Institute attorneys cited that, contrary to the purpose of a temporary injunction to preserve the status quo, granting a temporary injunction against Congregation Toras Chaim would shutdown worship and impede its members from continuing to carry out its activities in homes within the Highlands of McKamy as it has done for almost three years. This would have violated the United States Constitution, the Texas Religious Freedom Restoration Act and the federal Religious Land Use and Institutionalized Persons Act because it placed a substantial burden on the congregation's religious practices. Collin County District Court Judge Jill Willis agreed and denied the HOA's request for an injunction.
Liberty Institute is a national nonprofit legal group dedicated to defending and restoring religious liberty across America — in our schools, for our churches, inside our military and throughout the public arena. Liberty's vision is to reestablish religious liberty in accordance with the principles of our Founding Fathers. For information, visit www.LibertyInstitute.org.