By Dave Stein, Matzav.com
The Association of Jewish Camp Operators, along with Samuel Werzberger, MD, FAAP, Ariela Orkaby, MD, MPH, Beth Statfeld, and Gail Zahtz, has filed a damning lawsuit against New York State Governor Andrew M. Cuomo for his decision to shutter camps in New York this summer.
The lawsuit states that for more than one hundred years, Jewish overnight camps have provided an immersive, seamless Jewish experience to their campers whose parents choose Jewish camping for their children. “Every summer, tens of thousands of Jewish children in New York State benefit from the 24/7 immersive camp experience which offers them the opportunity to not only observe their religious practices but to live them. Jewish overnight camps foster a sense of cultural identity and instill traditional religious values in Jewish children. In Jewish overnight camps, they jointly recite prayers three times a day. Part of every day is devoted to religious study. They recite blessings over the food they eat throughout the day. They observe the weekly Shabbos. They learn about Jewish history, Jewish customs and Jewish heroes.”
By teaching Jewish values, the lawsuit goes on to say, Jewish overnight camps have become a critical facet of the development and growth of the Jewish community. Children who attend Jewish overnight camps grow up more connected to the Jewish community and have an increased commitment to religious practice and to the Jewish faith. Overnight camps allow Jewish children to adhere to Jewish practices and education for weeks without withdrawal into the secular world, thereby strengthening their intensity in Jewish values throughout their daily life. The success of Jewish overnight camps is owed to their immersive experience that separates children from the outside world and envelops them in an enclosed, safe society.
“The need for Jewish overnight camps is particularly true this summer, after several months of shutdowns of the yeshiva schools, to provide for the structured Jewish learning and living offered by the Jewish overnight camps,” the suit contends.
To combat the transmission of Covid-19, Governor Cuomo has declared a state of emergency in New York State and has issued a series of executive orders restricting in-person gathering to varying degrees and imposing other health-related requirements through the State. On June 12the, Cuomo announced that overnight camps would be closed for the summer of 2020 under his Covid-19 orders, without making any exceptions for Jewish overnight camps, notwithstanding that these overnight camps involve core religious exercise.
“In contrast,” the suit says, “Defendant has made a broad First Amendment exception from his COVID-19 orders for First Amendment activities that he favors. In particular, Defendant has created a de facto exemption from his COVID-19 orders for mass demonstrations, explicitly proclaiming agreement with the message invoked by the protestors and actively encouraging the mass gatherings. Defendant has done so even though these mass protests pose greater risks of the transmission of COVID-19 than do Jewish overnight camps. Defendant also has allowed a wide array of similar, secular activities to remain open, such as numerous ‘non-essential’ businesses and entities, child care services for ‘essential’ workers, summer day camps, and special education services, provided that such entities follow health-related guidelines issued by the New York Department of Health to prevent the transmission of COVID-19. Unlike all of those entities, Defendant has not allowed Jewish overnight camps to adopt and implement health-related guidelines that would permit them to operate while balancing the twin goals of health and safety with the desire to reopen New York.”
The suit adds that Cuomo has “refused to consider the health and safety protocols developed by Jewish overnight camps, in consultation with an esteemed group of physicians and health policy professionals. These health and safety protocols would render overnight camps considerably safer than the exempted mass protests as they relate to the transmission of Covid-19. The health protocols that the overnight camps would implement are similar to, but even more protective than, those issued by the Department of Health governing comparable secular conduct, such as day camps and child care services.”
The suit avers that Cuomo’s statewide closure of all Jewish overnight camps this summer violates constitutional rights of the free exercise of religion and the fundamental rights of parents to control the religious education and upbringing of their children, guaranteed by the First and Fourteenth Amendments of the United States Constitution and Article III, § 3 of the New York Constitution.
The plaintiff, the Association of Jewish Camp Operators, is a consortium of independent Jewish summer camps. The members of the Association serve more than 40,000 Jewish children at camps in New York each summer.
Read the full lawsuit HERE.
Agudas Yisroel of America released the following statement regarding the lawsuit:
KOL HAKOVUD !!!!!!!!!!!!!
KEEP UP THE PRESSURE – it worked on BlahBlasio with the Parks
IT WILL IY”H WORK ON CUOMO with the camps.
call Governor Cuomo at (518) 474 8390. to protest against closing camps
Funny how we didnt hear one word when it came to yeshivos…..vdai lmevin
what’s the matter are sefarim not readable by yourself?
This is a load of garbage- we all know (I went through the system and i am still learning.) that camps not operating is not a religious crises. what will happen when we actually are going to need clout and political capital but we spent it on this?
It would also be interesting for Association of Orthodox Jewish Camp to put out a paper on their collective retrospection why the Eibeshtar took away camp from them this summer, what they learned from that and what they will commit to doing differently in the future.
Htalzacha, kol hakavod!!
I can’t agree more with this lawsuit, and I’m glad the Agudah and Jewish politicians are backing it.
However where was everyone one year ago to fight the new law banning religious exemptions for school children?
so is this article saying people who didnt attend sleep away camp weaker spiritually? oh wow somebody should tell prewar jewry! people should also tell all those people who went to day camp only that their inferior!
this lawsuit will go nowhere nothing but saber rattling. day camps are not being forbidden so that knocks away the claim that its religious persecution. if both were forbidden then maybe. but one means that the states concern is with the sleep away camps for specific issues!
Some camps have sent out emails that they are opening regardless of the governor’s ruling of banning overnight sleep away camp. They claim that they have some legal way of doing so.
How do they go and sue the governor?
What’s stopping the governor from sending the state police to block the entrance of every camp? He claims (and probably rightfully so) that if ch”v there is a breakout it will be devastating to our community. Yes, camp is important. Are we risking our children and elderly so that we can finally get some sanity for ourselves?
Why wasn’t he protecting the protesters? Does not value their lives to protect them from a breakout? It would be deviating to their communities – or are you asserting that their lives do not matter to Cuomo?
Thank you Ahuva. It’s disturbing that more don’t see this. And the discrimination angle is laughable in legal terms. Every camp of every religious (and atheist) denomination in NYS is just as closed as we are. So the discrimination angle is null, and they’re wasting a lot cash that can be used for much-needed Covid chesed, on lawyers.legally, not a leg to stand on it’s a public health thing plain & simple. Thank you for calling out the fact that much this lawsuit stems from the fact that mommies need a break. And that’s why it’s only one specific community suing. And PS most fellow mothers of kids I know their children are feeling extra vulnerable this summer, panicky about sleepaway camp and really want to stay home at dat camp, so if we’re putting our children’s needs first, if we’re honest most of us will choose daycamp anyway.
Great. We need camps. Let’s protest against the Democratic fascists. One question though: where were all the protests when our shuls and outdoors minyanim were senselessly and unconstitutionally shut down. If shuls are that unimportant to us, then we are in deep trouble. Wake up now, or more painful medicines are coming up.
ummm the number of corona were much worse then. or did you miss all the jewish people who died?
Dear sleepless 2:25AM, you are factually wrong. There was always a way to set up safe minyanim, which would have allowed both – no covid19 transmission and davening with a minyan. The real reason why the leadership went against the safe minyanim was because of “dina demalchusa dina eiva chilul H goyim won’t like us” nonsense. However, now the very same people have no problem starting up with the goyishe gubmit when it comes to things that apparently matter to them. Hence we need to repent for not fighting to keep the safe minyanim running, in order to stop this kitrug in shamaim.
May your curses only reach you
Dear nocturnal 5:29AM looser, calling the tsibur’s attention to tshuva is not “curses”, I only have brochos for Am Yisroel; but regarding you cursing me, I am not worried, since I have the protection of zera of Avrohom Avinu. You, erev rav, have no such protection however.
Absolutely right. Where were they? Where was the Jewish community? Why wasn’t there a protest?
Same people that laughed at the Open our schools lawsuit and petition… Are here now with a lawsuit. I guess Torah Learning is less important than recreation and making sure your beautiful summer estates stay in prime condition….
Cuomo is getting it from all sides even though it’s not his suggestion. He’s just following orders (programmed). Actually, he’s only the puppet of the real Cuomo who’s not around anymore. You can tell the difference easily.
There’s a simple answer to all those asking why they didn’t protest when the shuls and yeshivos were closed. The doctors advised the rabonim that there was a danger to our lives by keeping them open. You can all read the letters from the principals, and rabbonim explaining their decisions to close. Now however, the doctors have said that the danger is not there anymore, or not as serious! The rabonim go with the current medical consensus. They don’t just make decisions based on nothing.
To all of those that are asking why they didn’t protest when the shuls and yeshivas were closed- The same groups that want to open camps have opened their shuls and yeshivos as soon as the danger was over.
Dear 11:19AM, there was never any medical danger in the social-distancing safe-minyanim. The only reason why the establishment sold out was because of “goyim won’t like us”. Amazingly, when it comes to camps, it is suddenly OK not to be an idiot screaming “goyim won’t like us”.
Dear 6:28AM, you are wrong on so many levels. There was always a way to walk and chew gum at the same time: social-distancing + masks + bring own sidurim safe-minyanim. Regarding you using “consensus” to establish the truth, especially when there is a new phenomenon which excludes existence of the “experts” by definition, especially when the self proclaimed “experts” have been proven wrong time and time again – your way of thinking is completely absurd. By the way, don’t blame the rabonim for this treason – most of them did not make an actual psak halacha as far as I know, and their arms were twisted by the loud mouth “experts”. Again, the real reason why our community committed treason when it came to minyanim was because of the “goyim won’t like us” reason. However, when it comes to camps, the establishment is not afraid of the so called “eiva”. Try to gather your attention span, and reread this comment until you understand.
“CRUSHING CUOMO”
This tabloid like headline is inappropriate.
Descending to such a level is shameful.
Try to maintain some dignity, as your faith teaches.
Cuomo won’t be crushed if the courts are too leftist.
Are your innocent children safe in the overnight camps? We don’t think so.
Therefore, don’t take the bait, they only want your money.
It’s great to see that Klal Yisroel has appointed a new Moetzes Gedolei Hatorah; the commentators on Matzav.com (as well as other sites i’m sure)!!
I’m so thrilled to be lead by such wise and insightful Gedolim! Can you please all give me Daas Torah about every other issue challenging Klal Ysroel now?
We have Heshey Tischler and others like him to thank for this. The Agudah and others saw the community using tactics that actually work, Open NYC, viral lock cutting videos (instead of sending out apology notes to DeBlasio when he tweeted against us) they quickly jumped on the bandwagon as well. Otherwise we would still be saying let’s work with Cuomo in a nice way etc. So Thank You Heshy! and Thank you Agudah and other askanim for fighting for us!
AbeD, you are right, that’s a nice beginning, but still not enough. Our community should do some major tshuva for being the complacent idiots when it came to shutting down the safe-minyanim which presented absolutely zero medical danger, and were shut down in order to appease the socialist-fascists.
Everyone is missing the real reason for change in the circumstances, now that we are in a different landscape called “post Floyd Protests”, which altered the entire landscape vis a vis social distancing etc.
If there’s a breakout it will be colorwar!
several reasons why people were stricter to follow rules earlier: Earlier there were more cases so people were more likely to be concerned, also goyim were more concerned so more likely to cause eivah while now most of them don’t really care, also earlier were following cuz of dina dimalchusa but since the mayor (de blasted hobo) and the governor allowed protests shows they dont really care and are just being hypocrites so they started fighting (some of) the rules.