`Eruv' Isn't Required In New Jersey, Federal Court Rules.

A New Jersey community can deny Orthodox Jews use of public utility poles and street signs to post religious symbols, a federal court has ruled.

On Aug. 9, U.S. District Court Judge William G. Bassler ruled that the Tenafly Borough Council could legally restrict Orthodox Jews from using public property to erect an "eruv" (religious boundary) around the community.

An eruv incorporates homes into a larger territory, allowing observant Orthodox Jews to partake in activities outside their homes that would ordinarily be prohibited on the Jewish Sabbath, such as pushing a baby stroller. The eruv is constructed by tying markers to community poles such as light posts, letting other Jews in the community know where the boundary's limits are.

The Tenafly Borough Council voted 5-0 to remove the eruv from public property, prompting the Tenafly Eruv Association to file suit in federal court. Local government officials argued that permitting utility poles to be permanently used for a religious purpose would violate the constitutional principle of church-state separation. Bassler agreed.

"Since the Borough Council's decision was narrowly tailored to prohibit only conduct that might generate the appearance of an entanglement between church and state, no constitutional infirmities resulted, and there is no cause for a court to second guess such a decision," Bassler ruled in Tenafly Eruv Association v. Borough of Tenafly.