Shabbat battles also in Be'er Sheva? Inspectors harassing Shabbat sirens

April 12, 2021   

First publication in 'Haredim 10': Attorney Michael Litvak, the attorney general of the organization 'In Your Picture', today (Monday) sent an urgent letter to the mayor of Be'er Sheva, Rubik Danilovich, demanding that he allow the Sabbath sirens to operate without interference. The letter was sent after Be'er Sheva municipality inspectors arrived at Bat Sheva Pelat's home and threatened to give her a report if she did not stop operating the Sabbath siren in her home. The letter sent by Attorney Michael Litvak noted that in all cities in the country - including secular settlements, Sabbath sirens are operated, which sound for a few minutes at low volume during the day, do not harm anyone - and therefore there is no legal reason to cancel them. Attorney Litvak added that there are countless extremely high noise pollution levels that are not being addressed, and that the Sabbath sirens are being activated as part of a status quo that cannot be changed. Shai Glick, CEO of Belmo, told Haredim 10: "The religious public also has rights. Freedom of worship and religious needs are part of the basic laws of the State of Israel and we are obligated to respect them. "The sirens, God forbid, do not harm anyone and serve the religious and traditional community in the city, while respecting the other communities. We are confident that the honorable Mayor Rubik Danilovich, who knows how to work well with all communities in the city, will find the golden path in this case as well.". The full letter sent to the mayor: On behalf of my clients, the Noam Kedushat Shabbat Organization, the Tselmo Organization, and Ms. Batsheva Pelat, I have the honor to address you urgently, as follows: The Noam Kedushat Shabbat Organization is responsible for hundreds of Shabbat horns installed throughout the country, and the Tselmo Organization is an organization that advocates the struggle for human rights in a Jewish spirit. Ms. Batsheva Pelat is a resident of Be'er Sheva, living on Schindler Oscar Street in Be'er Sheva. On the roof of the building (which is private) on a facility belonging to my client, a loudspeaker is installed that plays hymns before the start of Shabbat for a very short and fixed time. The loudspeaker plays quiet Shabbat songs for a few minutes before the start of Shabbat, and many hundreds of loudspeakers of its kind are installed in dozens of cities in Israel. Similarly, in the city of Be'er Sheva itself, Shabbat horns have been installed for many years, including in Old Be'er Sheva. The loudspeaker is placed within the framework of the law and at the permitted decibel level, to which is added the fact that it is played for a short and limited time (a few minutes a week) in a way that does not constitute any nuisance and/or violation of the law. On April 9, 2021, inspectors came to my client's house, they threatened to fine my client and even gave her a warning before issuing a report. Needless to say, the inspectors who arrived at the above address and harassed my client did not present her with any order and/or measurement and/or opinion examining the intensity of the noise, and it is not clear by what authority the police decided to abuse their power and authority, make threats, and harass the Sabbath sirens. As you know, there is no law in the State of Israel prohibiting the playing of Sabbath songs. There is no doubt that this is an excess of the inspectors' authority, in order to please a handful of residents whose ears are not satisfied with Sabbath songs. Abuse and excess of authority are unacceptable, and my clients reserve the right to take any action available to them in accordance with the law. A review of the warning issued shows that there is no directive of legislative force to which it refers, and hence the warning is void of any validity, and hence that it was issued with a fundamental lack of authority and is essentially null and void. My clients cannot help but wonder about the selective enforcement. and selective towards them, while dozens and hundreds of complaints about noise pollution and high-volume music are not enforced at all, especially since in your area of ​​jurisdiction there are a large number of educational institutions where loudspeakers, songs and ringtones operate many times a day, without any supervision. It should be emphasized that the warning given did not stem from a concern for law and order, but rather from a political whim and a personal desire to harm the observant due to a few minutes of playing Shabbat songs - what bothered the inspectors was the content and not the volume of the noise, which was not measured at all. There is no legal provision in the State of Israel that prevents the playing of Shabbat songs, provided that they are played at the correct volume according to the law and during the permitted hours - which is undoubtedly the case in the case before us. You are hereby referred to the letter of Attorney General Shira de Porto, legal advisor and public complaints officer of the Tel Aviv District of the Israel Police, dated 13.08.18 From which it is clear that playing music and honking in itself is not against the law, and in any case any action taken to prevent its playing is illegal, see Section 3 of her letter, as follows: "This is not a matter of creating noise as defined in the Regulations for the Prevention of Hazards (Noise Prevention), 5733-1992... Under these circumstances, the Israel Police will not handle complaints about creating noise as a result of playing music for a short and limited time from these audio systems." Her letter continued by emphasizing that a police officer who entered a synagogue due to the operation of the Sabbath horns acted incorrectly: "Without exaggerating, the police officer erred in the actual handling of the incident and the manner of the incident. The instructions on this matter have been sharpened and I hope that this kind of incident will not happen again." Furthermore, in a letter dated 10.9.19 sent by Attorney Liat Deri Michal, Inspector of the Coastal District of the Israel Police (section 3), it was emphasized: Similar things were also emphasized in another response to the Israeli Police Coastal District Inspector dated 8.12.19: In another response dated 16.12.19 by Attorney Moti Ben Sha'anan, Chief of the Southern District of the Israel Police, in response to the harassment of the religious council's Sabbath sirens in Ashkelon, it was noted: Following the aforementioned, the procedures in the Israel Police were also tightened: There is no doubt that the conduct of the inspectors, the threats and the warning, is contrary to all law and it is clear that it was done without authority. It is further clarified that an authority, public employee and/or any person who attempts to interfere with the proper operation of the sirens is acting in violation of the law, is subject to criminal punishment and is exposed to a lawsuit. damages due to his actions. In light of the above, I would ask you to act as follows: • Pursue justice with the inspectors involved. • Issue clear instructions clarifying that there is no law in the State of Israel prohibiting the playing of Shabbat songs and that the operation of the loudspeakers was carried out in accordance with the law. • Cancel the warning that was given. • Refine the existing instructions and issue a clarification notice regarding the seriousness of the actions of the inspectors involved. The above does not prejudice any claim and/or right of my clients under law, and they reserve the right to raise any claim at any time at their sole discretion. Due to the seriousness, importance and sensitivity of the matters, I would appreciate a response as soon as possible.