Legal complaint: discrimination against Hareidim at Anava Park
Attorney of the Citizens Rights Union warns as result of discrimination recorded during Succos • "The municipality can not do in the park as it likes. This is discrimination against a religious group"
- Yaki Admaker, Behadrey Haredim
- ט"ז חשון התשע"ג
דוברות מודיעין עלית
Shortly before last Succos, the Municipality of Modiin – Maccabim-Reut decided to ban the entry to Anava Park by non-residents during the holidays and summer months. Although the official rationale is crowdedness in the park, the manner in which the city acted raised a suspicion that the central purpose of closing the park is the hindering of Hareidi families.
In a letter sent by Attorney Dan Yakir, the legal advisor of the CLU, he warns that the denial of access to the park by non-residents is illegal, violates equality and is an actual discrimination against a religious group. Though Modi'in municipality procured legal opinion from Prof. Ariel Bendor, according to which prevention of entry is legal, the CLU disagrees with this position.
According to attorney Yakir, "The fact that a park was established on urban grounds does not mean that the municipality can do with it as it wishes. Public space is just that - an area designated for the benefit of the entire public. One can not have a situation where local authorities try to limit the possibility of spending time in the parks in their areas. "
This is not the first time that a local authority attempts to limit access to public parks. In 2000, the "Man, Nature and Law" association petitioned against Ra'anana Municipality after it took charge at the entrance to the park from whoever is not a resident. Following the petition, the law was amended, and it stipulates explicitly the prohibition of charging at the entrance to public parks.
A few months ago the Association approached the Municipality of Kiryat Ata, after it became clear that it charges at the entrance to a public park from those who are not residents of the city. In this case the suspicion was that the goal was to hinder the entry of Arab visitors from nearby settlements.
In a letter sent by Attorney Dan Yakir, the legal advisor of the CLU, he warns that the denial of access to the park by non-residents is illegal, violates equality and is an actual discrimination against a religious group. Though Modi'in municipality procured legal opinion from Prof. Ariel Bendor, according to which prevention of entry is legal, the CLU disagrees with this position.
According to attorney Yakir, "The fact that a park was established on urban grounds does not mean that the municipality can do with it as it wishes. Public space is just that - an area designated for the benefit of the entire public. One can not have a situation where local authorities try to limit the possibility of spending time in the parks in their areas. "
This is not the first time that a local authority attempts to limit access to public parks. In 2000, the "Man, Nature and Law" association petitioned against Ra'anana Municipality after it took charge at the entrance to the park from whoever is not a resident. Following the petition, the law was amended, and it stipulates explicitly the prohibition of charging at the entrance to public parks.
A few months ago the Association approached the Municipality of Kiryat Ata, after it became clear that it charges at the entrance to a public park from those who are not residents of the city. In this case the suspicion was that the goal was to hinder the entry of Arab visitors from nearby settlements.
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