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Mar 4, 2014

Tel Aviv decides to change the law rather than enforce it

About 6 months ago a group of small market owners won a petition in the Supreme Court against the City of Tel Aviv. The claim was that the city was not doing enough to enforce the Shabbat laws requiring businesses to be closed on Shabbat. The small markets were feeling the pressure - the large chain stores could afford to stay open on Shabbat and pay the fine which they treated like a slap on the wrist, and in the meantime the small markets were losing business because they didn't want to open on Shabbat. At the same time, they felt pressure to open, which is something they didn't want to be forced to do.

The court upheld the law and said the City of Tel Aviv must do more to enforce the law and shut the businesses on Shabbat - or change it.

Well, Tel Aviv decided to change the law rather than enforce it.

Yesterday the decision was taken to change the law to allow shops to be open on Shabbat, and in the near future it will pass the vote in the City Council for final approval. The original Municipal Law, said the city spokesperson, was formulated over 3 decades ago for a reality in the city that is different than the reality of today. The change in the law will fit todays reality, and will maintain the balance between the needs of the residents and the atmosphere of Shabbat, while preserving the style of the city.

The new law is not a blanket grant of permission for opening businesses on Shabbat. It specifies a list of streets on which a limited number of markets will be allowed to remain open on Shabbat. There will be a maximum quota on those streets, and the businesses granted permission will be granted their Shabbat license for a period of 5 years. In addition to the listed streets and stores, stores in the area of Port Tel Aviv and its entertainment areas, along with the area of the Bus Station and Jaffa Port, will also be allowed to remain open.

The City of Tel Aviv does not have the final say - after the City will approve the new ordinance, it has to go to the Ministry of Interior for final approval.
source: Bechadrei

I don't know what the makolet owners can do, but they are upset. Kobi Bremer, head of the forum of Makolet Owners, says they are upset at the way Ron Huldai is trampling the small makolets in the face of the interests of the large stores. Bremer accuses Huldai of acting in opposition to the decision of the Supreme Court and calls this new law an "okef bagatz" - a way to circumvent the Supreme Court.

Huldai says he does not understand the problem as he is doing precisely what the Supreme Court instructed him to do  - either enforce the current laws or change them, and he decided to change them.
source: Walla News

I don't know how easy it will be to get the law changed. My guess is that the haredi MKs and activists, along with other interested parties (makolet owners, maybe other religious groups) will target Minister of Interior Gideon Saar to implore him to reject the new law and apply as much pressure as they can to that effect.

Will it pass? Will it fail? Good? Bad? Perhaps regular businesses should remain closed. If they start allowing a few to open now, eventually it will become an avalanche of stores opening, and suddenly Saturday will just become another day of the week. Also, municipal controlled sites, such as museums and tourist sites, should also remain closed. I can see the case for private entertainment sites to be allowed to be open. People want things to do, Tel Aviv is vastly secular and why should religious Jews be able to impose our rules and lifestyles on people who do not want it... I may see the justification for it, and even the need for it, but it will be a sad day when it happens.


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5 comments:

  1. Why do you use the work 'markets'. The issue is about small businesses and stores.

    The issue is not a religious one but rather a social and humanistic one. The government (local) should also be protecting the sanity of store owners. It is in the interest of the society that there is many offerings and competition. When you make life hard for store owners, then they close and consumers suffer. Best to look at the long term and not just the short term.

    ReplyDelete
  2. For some reason, I doubt the DL will make a fuss over this.

    ReplyDelete
  3. I hate to burst your bubble, but it's the charedim who go along, time and again, with all sorts of anti-Torah legislation, so long as they get "theirs." It's the Dati Leumi who are out on the streets of Tel Aviv getting people to keep Shabbat, and fighting for Torah in the Knesset. Anyone who says the opposite is lying.

    ReplyDelete

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