In a letter to Justice Minister Prof. Daniel Friedman, MK
Rabbi Moshe Gafni said he was deeply upset by the disdain
shown for Tisha B'Av through the failure to enforce the law
against opening entertainment spots on this day. In his
letter Rabbi Moshe demands clarification regarding the
ministry's inconsistent policy of strictly enforcing the law
requiring closing of such establishments on Fallen Soldiers
Remembrance Day (Yom Hazikoron that immediately precedes Yom
Haatzmaut) while allowing Tel Aviv nightclubs and other
establishments to operate in plain view on Tisha B'Av.
When a bar mitzvah was held in a chareidi area on Remembrance
Day the media had a field day documenting the "violators" of
the law, but when the law applies to a Jewish date it seems
nonexistent.
"The Fallen Soldiers Remembrance Day Law and the Holocaust
Remembrance Day Law state, `On Remembrance Day public
pleasure events will not be held,'" wrote Rabbi Gafni in his
letter to the Justice Minister. "The law prohibiting the
opening of [these] establishments on Tisha B'Av (a special
agreement) states, `The local authority will be authorized to
enact an ordinance prohibiting entertainment events from
taking place on a day of mourning or eating establishments
from opening on the night of the day of mourning, from the
beginning of the mourning period until sunset the following
day.'
"According to media reports, places of entertainment in Tel
Aviv were open on the night of Tisha B'Av and as far as we
are aware no efforts whatsoever were made to enforce the law,
while in the case of [Remembrance Day] efforts are made to
enforce it — not to mention the fact that the media
deliberately presents violations of the [Remembrance Day] Law
while practically applauding the violations of the [Tisha
B'Av] Law."
In closing Rabbi Gafni asks the Justice Minister to explain
the parameters of enforcing the law, noting the glaring
inequality in enforcement regarding the respective laws.
In Petach Tikva the Tisha B'Av law was enforced. Deputy Mayor
Uriel Bosso patrolled the city with a team of municipal
inspectors. A summary of the data shows despite the
enforcement efforts, nine businesses remained open, six of
which acceded to the inspectors request to close, while the
other three received fines of NIS 660 ($185) each.
The city said it was pleased to see that every year more and
more businesses honor this law by closing on Tisha B'Av.
