The Tel Aviv District Court ruled that the Tiv Taam branch in
Ramat Hachayal, a suburb of Tel Aviv, does not have to close
on Shabbos and does not have to stop selling chazir
despite municipal ordinances.
The affair began several months ago when Tiv Taam opened a
large market in the commercial sector of Ramat Hachayal, and
like at the chain's other markets in Tel Aviv, this branch
remained open on Shabbos and sold non-kosher meat.
A few days after its opening several local residents filed a
request to issue an injunction against the market for
violating city ordinances, adding that he branch was
operating without a business license. The petitioners asked
the court to shut down the market entirely, or at least close
it on Shabbos and issue a ban against selling pork on the
premises.
In response Tiv Taam argued that the old ordinance, with its
sweeping ban against pork sales, is no longer relevant and to
the best of the chain's knowledge, is no longer enforced.
Regarding its hours of operations the chain claimed the
municipality, which has discretionary powers to allow
businesses to operate on Shabbos, is not acting to close
markets and businesses open on Shabbos. Even if the
municipality were to determine Tiv Taam is in violation of
the municipal ordinance, the court should not intervene in
the matter argued the defense counsel.
The court ruled in favor of Tiv Taam. The judges noted the
city ordinances were not intended to prevent claims of harm
to "freedom and religious sensitivities."
Responding to the decision, MK Rabbi Uri Maklev said, "Once
again we are seeing court rulings that are known in advance.
When the law addresses religious matters suddenly there's a
significant transformation. There are two sets of laws in the
State of Israel: when the law is related to the chareidi
sector the answer will differ from a law related to the
general public.
"It comes as no surprise that within the justice system there
has been a severe gnawing away at the status of the courts.
Even figures within the system are lodging stiff criticism of
the court system. When laws are formulated based on world
view in an attempt to destroy any trace of Judaism,
apparently this trickles down to other rulings as well,
bringing the court system to another low point in its steep
decline. Even the secular public now recognizes the judges'
level of `objectivity,'" said Rabbi Maklev.
