By Jackson Leaks
As reported in a previous article, Jackson officials and staff have been spying on homes suspected of harboring prayer services, staking out the same houses on a regular basis and counting the number of people entering and leaving with “bibles”. In some cases, the same houses were watched over a period of multiple months.
One might wonder why Township Attorney Jean Cipriani didn’t alert anyone to the pointlessness of this activity; after all, while courts have determined that towns can issue violations of noise or other nuisance ordinances if applicable, prayer service in one’s home cannot be regulated in NJ using zoning regardless of how many people or books are involved. The opinion in Farhi v. Deal Borough Commisioners states:
The court therefore holds that the guaranty of freedom of worship as set forth by our State Constitution forecloses any use by a municipal authority of its zoning power to prohibit the free exercise of religious activity in the privacy of one’s home.
Not only have we not found a warning to this effect, but it seems that Cipriani had drafted an ordinance to forbid such prayer gatherings. Unfortunately, we will probably never know how such an ordinance would attempt to circumvent the US Constitution, NJ Constitution and prior case law, as the text of this ordinance is likely considered privileged and deliberative.
However, even if Cipriani did tell them, Jackson doesn’t exactly have a perfect record of following her advice. Take the following warning about how passing a resolution about neighborhood watch groups could lead to penalties in court:
The resolution was then adopted four days later by the council.