Touro Synagogue Eviction Decision

 Touro Synagogue Eviction Decision

by  AARON GINSBURG

Aaron.ginsburg@gmail.com

August 24, 2023. Newport, Rhode Island. At the Newport County Courthouse in Newport, Rhode Island, Superior Court Judge Maureen B. Keogh ruled in favor of Congregation Shearith Israel in its suit to evict Congregation Jeshuat Israel from Touro Synagogue. At the end of her long ruling, she stayed the eviction until after September 11, with the actual date depending on the attorneys in the case, when she would entertain arguments on whether or not the stay should be continued.

The trial on June 29 was followed by written arguments, with some oral follow-up today, after which the Judge issued her ruling. She began by saying that not many cases kept her awake at night, but this one did.

Mitchell Edwards, attorney for Shearith Israel, referred to a ruling of the United States Court of Appeals in Boston which ruled that Shearith Israel owned Touro Synagogue and its appurtenances. The judge said that ruling, written by former Supreme Court Justice David Souter, put boundaries on what she could consider as she pondered the case.

She ruled that a 1945 agreement between CSI, CJI and the United States Department of the Interior did not affect the ownership or the lease in any way. She skimmed through the agreement and pointed out that it dealt solely with preservation and restoration issues. She chided both sides for their inconsistent use of the agreement over the course of the long legal struggle.

She also said that the eviction notice was clear and legally acceptable.

Jeshuat Israel claimed that Louis Solomon, Parnas of Shearith Israel, did not give his capacity in the eviction notice. Judge Keough pointed text of the document, where it says, "On behalf of Congregation Shearith Israel..."

Jeshuat Israel claimed that there was not a clear reference about the location of Touro Synagogue. Judge Keogh said she agreed with Attorney Crane's assertion that the eviction suit was a special case, and dismissed the idea that the location of the synagogue was unclear.

Jeshuat Israel made several attempts to avoid being evicted by paying the one dollar annual rent, even sending $10 to attempt to get a long term agreement. These were all returned by Shearith Israel, once after a long delay which they attributed to their office being closed due to COVID-19. Jeshuat Israel's attorney Michael D. Crane claimed the rent was accepted. Judge Keogh said she thought it was understandable that during COVID-19 things were far from normal.

The eviction proceeding was solely about the eviction. Judge Keogh made sure that no other issues were discussed.

A legal source commented that Judge Keough took a lot of time to review the case, didn't give a home court advantage and that her long decision might make an appeal difficult.

The eviction of the long standing tenant, since 1903, was preceded by numerous attempts to come to a mutual agreement, including several mediation attempts.

Historical Background

When Touro Synagogue was built in the 1760s, congregations in Rhode Island could not own real estate, so three members owned the building. The colonial congregation withered away after the Revolutionary War. The last surviving owner left control to Congregation Shearith Israel in New York, the first American Jewish congregation.

After the Civil War, Jews gradually moved to Newport. Shearith Israel reopened the building and sent a series of Rabbis. Jeshuat Israel was incorporated in 1893. Its by-laws, as amended in 2011, state, “Its principal place of worship shall be Touro Synagogue in Newport, Rhode Island." In 1899 another congregation, the Touro Congregation was founded. 

In the early 1900s Shearith Israel was having difficulty managing the situation, and all were locked out of Touro Synagogue. To break the deadlock, some Jews broke into Touro Synagogue. In 1903, Jeshuat Israel signed a lease with Shearith Israel for the use of the Touro Synagogue for one dollar per year. The five year lease was renewed for 5 years in 1908. Since then by paying the rent, Jeshuat Israel continued to worship at Touro Synagogue.

The current legal dispute goes back to 2012, which Jeshuat Israel attempted to sell a pair of rimonim, Torah finials, for 7.4 million dollars. Shearith Israel pointed out that Jeshuat Israel did not own them. This eventually led to the US Court of Appeals ruling about ownership.

It is unclear why relations broke down between Jeshuat Israel and Shearith Israel. Is it real issues, misunderstandings, personalities or a combination? Jeshuat Israel backing away from a one dollar a year lease of Touro Synagogue, the crown jewel of American Judaism, is also hard to understand.

Tending our gardens

Tending our gardens

At Touro Synagogue

August 19, 2018

by Aaron Ginsburg

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On Sunday, after the reading of the Moses Seixas letter written on behalf of the Hebrew Congregation in Newport to President George Washington, Washington’s response was read. After several introductions, Col. Jonathan de Sola Mendes read the Seixas letter.  Dr. Phiip MIntz read Washington’s reply in a clear, loud voice. A keynote speech by the President of Salve Regina University followed.

Rhode Island Secretary of Commerce Stefan Pryor stole the show! His short speech was well written, and he delivered it with elan. Pryor addressed current affairs but avoided politics. He spoke about principles, not about personalities!

The Secretary focused on Washington’s use of the “vine and fig tree.” When I asked him why, he replied, “ …I have been intrigued by that phrase since I first viewed it in Washington’s letter. My interest was enhanced when I heard the phrase read aloud at Touro Synagogue during last year’s ceremony. Upon giving Washington’s letter a close read in preparation for this year’s event, I decided to go ahead and research the vine and fig tree language. If you’ll pardon the pun, it turned out to be a fruitful exercise.”

And it was a fruitful exercise!

Washington wrote, “May the children of the stock of Abraham who dwell in this land continue to merit and enjoy the good will of the other inhabitants–while every one shall sit in safety under his own vine and fig tree and there shall be none to make him afraid.”

[video at https://youtu.be/QeRS76VXY3A]

Pryor said Washington referred to the vine and fig tree almost 50 times. The phrase appears in the bible several times. Pryor said, “It appears that President Washington was referring to Micha 4:4.”

וְיָשְׁב֗וּ אִ֣ישׁ תַּ֧חַת גַּפְנ֛וֹ וְתַ֥חַת תְּאֵנָת֖וֹ וְאֵ֣ין מַחֲרִ֑יד

“But every man shall sit Under his grapevine or fig tree With no one to disturb him.”

Pryor noted that the next verse, Micah 4:5, says, ”Though all the peoples walk Each in the names of its gods…” Micah, and, in effect, the Almighty, were acknowledging the existence of other religions without criticizing them.  

It was a popular phrase during the Revolutionary War, according to Charles Royster(1). “Sitting unafraid under the vine and fig tree captured the deep longing in the human soul for independence from the power of arbitrary government, from injustice, and oppression.”

Pryor may have drawn on a webpage about the vine and fig tree. http://teachingamericanhistory.org/religion-in-america/american-life/vine-and-fig-tree-motif/ Dr. David Tucker, senior fellow at the Ashbrook Center at Ashland University in Ashland, Ohio, put the page together.

Pryor concluded,

“I dwell upon Washington’s reference to the vine and fig tree because I think it’s a beautiful image. But I also think it should speak to us today. I fear that, if we focus exclusively on the phrase, ‘to bigotry no sanction, to persecution no assistance’ – to be clear, a profoundly important phrase, one that deserves our intensive attention – but if we focus exclusively upon this phrase, restated so absolutely in Washington’s letter, as if immutable fact -- we run a significant risk…the risk of assuming that, because these words were affirmed by the first leader of our nation, they will always be true, that this view will ever be affirmed and reaffirmed.

“…the vine and fig tree portion of Washington’s letter reminds us that the shelter and safety provided by such vine and tree are being offered by living things–living things that themselves need to be nourished, cared for, and protected. We cannot take the vine and fig tree for granted–because there are multiple forms of ailment and types of pathogen that will infect them and cause them to wither if we do not care for them–that is, if we are not careful. Therefore, we must work diligently and vigilantly to ensure that the environment supports the vine and tree overhead. Together, we must actively prevent blight from taking hold and disease from taking root.”

Voltaire, one of the dominant thinkers of the 18th century, wrote in Candide, 1759, about tending a garden. In a New Yorker article, VOLTAIRE’S GARDEN, Adam Gopnik said, “As Tocqueville saw half a century later, home-making, which ought to make people more selfish, makes them less so; it gives them a stake in other people’s houses. It is not so much the establishment of a garden but the ownership of a gate that moves people from liking a society based on favors to one based on rights. Enclosing his garden broadened Voltaire’s circle of compassion. When people were dragged from their gardens to be tortured and killed in the name of faith, he began to take it, as they say, personally.”

Having a garden and a home leads to caring for society and one’s fellow man. If we don’t care for them, we can never sit under our vine and fig trees without being disturbed. During the American Revolution, Americans banded together in a body politic and and in an army to safeguard the right to live undisturbed.

1. Charles Royster, A Revolutionary People at War: The Continental Army and American Character, 1775–1783 (Chapel Hill: University of North Carolina Press, 1979), 103

Justice, justice shall you pursue

Justice, justice shall you pursue

August 19, 2018

by Aaron Ginsburg

Soon, I will be attending the reading of George Washington’s letter to the Hebrew Congregation in Newport, Rhode Island, which will be followed by a speaker. This seems a like a good moment to reflect on last years letter reading and speaker. 

On Saturday, we read Parashat Shoftim, which began with the command, “You shall appoint magistrates and officials for your tribes, in all the settlements that the LORD your God is giving you, and they shall govern the people with due justice.” It continued, “Justice, justice shall you pursue, that you may thrive and occupy the land that the LORD your God is giving you.”

The parsha also discussed prophets and prophecy, and warned about false profits, “If the prophet speaks in the name of the LORD and the oracle does not come true, that oracle was not spoken by the LORD; the prophet has uttered it presumptuously: do not stand in dread of him.”

The 2017 keynote speaker was Martha Minow, a Harvard law school professor.  She posted her speech.  The title was “Dialogue, Respect, and Inclusion: What Moses Seixas and George Washington Can Teach Us Today.”

She began by chastising the president’s ambivalent reaction to demonstrations at Charlottesville, VA.

She then commented on the exchange of letters between Moses Seixas of Newport and president geo Washington. Washington she said, went beyond Seixas to call religious freedom a right as opposed to a privilege that was granted.  She also pointed out how civil the exchange of letters was a model interaction between a citizen and a government official.

Professor Minow urged us to stand up against bigotry, She used an old word, upstander, which meant someone who stands up. 

“Response is required in the face of bigotry. We know the word, “bystander,” which means a person who is near but does not take part in what is happening. Yet we lack a word, at least in English, for its opposite. Actually, a new word has been invented. “Upstander” is the word; it does not yet seem to have translations in other languages…The term, “upstander” gives recognition and approval to people who stand up for their beliefs, even if they are alone; it means not being a bystander….Perhaps by naming it, the concept can become a practice. In the United States, the word has been embraced by those campaigning against domestic violence and against bullying children as well as human rights advocates.

“An upstander may speak out publicly against bigotry and injustice. An upstander may be a whistle-blower, exposing wrongdoing in the hope of stopping it. An upstander may resist the temptations of silence with support given directly to victims of bigotry and injustice.”

She concluded with, “Let’s see how we each can engage in respectful discussion and stand up for the values exemplified in their exchange.”

When discussing Charlottesville she said, “Free speech does not mean freedom from accountability. This week, we have seen how face-recognition enables for those who disagree with the Charlottesville white nationalist marchers to respond. Free speech does not mean anything goes; it limits what governments can curb private speech, but consequences from other speakers, from employers, from peer pressure, these are all possible.”

I took exception to her analysis, so I sent her a message:

“I think you were referring to how people used face recognition to identify, and to publicly out white supremacist demonstrators, which would expose them to public scorn and retaliation, such as loss of jobs, which happened to at least one person. Another person was misidentified and had to hide until things were sorted out.

“You seemed to be endorsing mob action, as long as the government was not involved. 

“There are many things about your approach that bother me.

“1. What if the private citizens pick on people they don’t like, but aren’t white nationalist? It could be you, it could be me, it could be abortion supporters, opponents, or health care providers who perform or aid in the performance of abortions. It could be communists or supposed communists that are singled out.

“2. I’m not a lawyer, but the idea that not interfering free speech with free speech only applies to the government might be correct in a legal sense, but excluding private citizens (or corporations) from this leads to some moral issues…and is not so clear cut. To put this another way, I think the distinction between the government and private citizens is not so clear cut.

“I would appreciate your comments.”

She responded,

“Hello, Aaron, thanks for writing. If someone makes a statement, in a face-to-face setting, protected by the first amendment, that does not mean others must agree, be silent, or undertake no other lawful responses.  The same goes for electronic communications or assemblies broadcast electronically.  Mistaken identity is a problem, and one that should ne corrected. I do not endorse any illegal or violent action.

“Hope that is helpful.”

I asked a few people for their reaction. One person thought maybe she left out a sentence when she turned the page. A second person could not believe that’s what she said.

A third person was certain we heard correctly…and accused her of being politically correct…as long as it happens to someone else. “Aaron, I'm quite sure we had the correct interpretation especially considering the keynote speaker's background. They believe in free speech as long as you agree with them,” and “The same progressive people feel it is good to fire someone because he expresses views others don't want to hear.  I had thought that our Bill of Rights protected freedom on speech.”

Face recognition and the other tools in our connected world can be used for both good and evil, by both governmental and non-governmental actors (both groups and individuals).

These tools can just as easily be used by private citizens to harass people like her, or like you and me, and Martha Minow thinks that’s OK as long as it is legal. This is a rather low standard. Sometimes the law is ahead of public opinion and current thinking, but sometimes the law lags the latest thinking. 

So if someone loses their job for expressing a political opinions, that is legal today. In the case of Charlottesville, a white nationalist demonstrator was identified using facial recognition, and ending up losing his job at McDonalds.

  

These tools are used to harass doctors and others who perform abortions. 

These tools can be and are used by any individual or group to harass people they disagree with. The end result could be chilling to freedom of speech.

A striking example of legal harassment was a pamphlet published in Frankfurt, Germany. “In 1934, an avid Nazi supporter named Otto Fischer, a resident of the Rödelheim district of Frankfurt am Main, Germany, published the first edition of a book entitled Eine Antwort auf die Greuel- und Boykotthetze der Juden im Ausland (“A Response to the Atrocity and Boycott Agitation of the Jews Abroad”). It was a small, paper-bound pamphlet, poorly printed on low quality paper, and consisted of an 8-page anti-Semitic German nationalist introduction followed by 177 pages of names and addresses of around 11,000 Jewish residents of Frankfurt and their businesses. This propaganda pamphlet was intended to be used to boycott Jewish companies and service providers.” [source]  Otto Fisher explained in the introduction that the purpose was not to make to easy find a place to shop, but to find a place to boycott. 

Martha Minow hid behind the letter of the law, which prohibits our government from contravening The First Amendment. The First Amendment, she said, does not apply to private citizens. 

That might be the letter of the law, but is it the spirit of the law?

The first amendment to the Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

A day in Kiev and Hnativka Saturday, May 16, 2015

A day in Kiev and Hnativka Saturday, May 16, 2015

A day in Kiev and Hnativka 

Saturday, May 16, 2015

 by Aaron Ginsburg

I am posting this now because I will return to Hnativka and hope to discuss the preservation of the site of the Jewish cemetery and a monument to the Jewish community with local officials.

I decided to go to the progressive (reform) synagogue near me in Podil. I had contacted the Rabbi Alexander Dukhovny of Congregation Ha-Tikvah” when planning this trip. I also contacted Jeanna Burgina a shul member and tour guide and offered to speak or show the Dokshitsy video. After the warm greeting in Cherkasy I was hoping for a similar experience in Kiev. 

Ten Days of Tishrei: Rabbi Alexander Dukhovny
at the Kiev Hatikvah Religious Center for Progressive Judaism.
source http://www.wupj.org/Publications/

Last night (Friday) my guide Anastasiya Kasilova took me to the synagogue so I would know the exact location…and so she would also. The plan was that if I needed a translator I would call her on the cell phone she leant me. After carefully checking google maps, I made the 20 minute walk the next morning. The synagogue was in a four story section of an apartment building. I went to the top floor but no one answered the door. It was a the offices of the progressive movement in the Ukraine. I went down a couple of floors and was admitted after being vetted.

Soon I was ushered into the synagogue. The minute he became aware of my presence the Rabbi started announcing the pages in English. I chuckled since I was capable of finding them. The prayerbook was in Hebrew and Russian. It was a reform Siddur, and on the short side, but everything was familiar and I felt right at home. At the end of services the Rabbi was very cordial. He apologized for running out of talesim saying that not enough people brought them from home. He then invited me to stay for lunch, and to speak and offered to translate, as long as I didn’t go on for more than 30 minutes. 

At the pot-luck lunch, Boris Zebarko and I were introduced. Boris must have been a first timer. Boris is the head of the Organization of Holocaust Survivors and Partizans in the Ukraine. I spoke about my experiences in Belarus. While the Rabbi translated, I would think ahead to the next anecdote that I would share. One American present was a teacher of music in Kiev. He was only the second American I met in the entire trip. The other was Frank Swartz who helped me in Belarus and Vilna. I did not meet a single American tourist.

Walking to my apartment, I stumbled on a farmer’s market It was on the sidewalk, and many of the people appeared to be farmers who had impromptu stands. Nothing formal, it was just there. 

By 2 PM I was back. I happened to look out the apartment window for the first time, and noticed that I had an excellent view of the Andriyivskyy Descent, a street that winds down from the plateau overlooking Podil. Podil is along the Dnieper, which has cut though the plain over the eons. 

Anastasiya and her boyfriend picked me up so we could visit Ignatowka, where I believe my grandmother was born. Sarah Karnowsky Pokross had told me she was from Kiev. I found the 1913 ships manifest for her aunt Rebecca Karnowsky Arbor (Obershowski) gave her place of birth as Ingnatowka. In Yiddish it is Ignativka, and is believed to be the village Anatevka, of Fiddler in the Roof fame. Ignatowka is about 13 miles from Kiev and in an area that is transitioning from rural to urban to accommodate an expanding city of two million. 

Ohel of Mordechai of Chernobyl

By looking on jewishgen.org I learned that there was a jewish cemetery in Hnativka with an ohel, although I had no idea what an ohel was. After my visit I checked wikipedia and learned that it’s a building or tent built over the grave of a Tzaddik. 

Ohel note in door

When we arrived the Ohel was a small building in a vacant lot down a long driveway behind a house. A slip of paper visible In the door window had a phone number. Soon a woman came running with the key. The ohel was said to be over the grave of Mordechai of Chernobyl. He had chosen to be buried in Ignatovka so his grave would not be overlooked by a cross, i.e., by a church. 

The woman with the key

“Here lies Yehuda Lev Ben Naftali
Shtekleberg”

Site of Jewish Cemetery and Community

The woman pointed out the area of the cemetery, and a vacant lot beyond where the Jewish neighborhood had been. Indeed there was no sign of any churches in the immediate neighborhood, or of a Christian cemetery. There were no headstones. We were informed that during the Soviet era Ignatovka was combined with a nearby village, and that all the headstones where brought there and used in construction. Nearby were two exceptions. We went over to them and they were well preserved and the last names were legible….Hannah Volfvovna Bolshavskaya from Gregorichka and Yehuda Lev Ben Naftali Shtekleberg. 

”Hannah Volfovna Boshavskaya
from Grogorichka  1869-1911”

Nearby was construction material. We were told it was for a hotel, but when completed it was a dormitory and synagogue to house Jewish refugees.

Future hotel?

It was very exciting to visit Hnativka, despite the lack of anything to see. It took me fourteen years, 2000-2014, to understand the clues and link them to an actual location! My quest started in 2000 when Reuben Arbor, a grandson of Rebecca Karnowsky Arbor told me that his father said that, “he was from the same town as Tevye the Milkman in Fiddler on the Roof.”

We then went to the neighboring village to see if we could find any of the stones. We did find some from a Christian cemetery that were used to support a building. We asked at the local church but our informant was not aware of any stones from the Jewish Cemetery. They could still be there of course. 

Shav at Katyusha

Waitress, Anastasiya Kasilova and her boyfriend
at soviet style Katyusha

Then it was back to Katyusha for supper. I decided to have schav instead of borsht. Anastasiya explained that the restaurant was designed to look like a soviet-era apartment. This included the chairs, the wall paper, and the books and radio and phones that provided the decorations. By this time I was a known quantity, and got a little grin from the waitress when I included her in a photo. @hnativka