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28 Kislev 5769 - December 25, 2008 | Mordecai Plaut, director Published Weekly
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NEWS
Betzedek Challenges Ashkelon's Annulment of Fines for Businesses Open on Shabbos

By Yechiel Sever

The City of Ashkelon has annulled the standard penalty built into the municipal ordinance that prevents businesses from operating on Shabbos and holidays. Following the unexpected move, legal rights organization Betzedek has warned the legislation is illegal and essentially nullifies the municipal ordinance entirely.

Recently it came to light that shortly before the recent municipal elections in the city, the former mayor passed an ordinance annulling the penalty clause from a number of city ordinances, including the law forbidding businesses and entertainment spots from opening on days of rest. Last week the ordinance was placed on the books.

Betzedek Director Atty. Rabbi Mordechai Green sent an urgent letter to Benny Vaknin, the newly elected mayor, demanding that the municipality restore the penalty clause to the ordinance in question and even significantly increase the amount of the fine imposed for violations.

The letter noted that the municipality law grants the municipality the legal authority to legislate this type of ordinance and to impose fines on violators. The law states that the municipality does not have the prerogative to absolve itself of responsibility placed on it by the Municipalities Command. The annulment represents a total breach of the walls of Shabbos, which is important to the Jewish public and all residents of the city of Ashkelon.

Rabbi Green also argues that populist considerations related to the elections guided the city in annulling the penalties, leaving the existing law a declaration with no real substance. Based on these contentions the legislation is illegal and should be canceled as soon as possible, he writes.

A copy of the letter was sent to the Interior Minister, but no reply has been received from the municipality or the Interior Ministry.

 

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