Today attorneys from First Liberty Institute and Jones Day sent a letter to the Loggers’ Run Homeowners Association in Boca Raton, FL calling for it to end all illegal, discriminatory, and antisemitic actions against Rabbi Naftaly Hertzel and his wife Henya. Since 2015 the Hertzels and the Chabad community, who reside in the HOA area, have been denied the same rights allowed for all residents and groups within the community and have been the victims of discrimination and constant harassment.

You can read the letter here.

“The HOA’s leadership has engaged in open antisemitism against Rabbi Hertzel, and is aware of similar ongoing hostile behavior within the HOA community,” said Jeremy Dys, senior counsel for First Liberty Institute. “This disparate treatment against the Hertzels and their family because of religion is unlawful and enjoys no support from any legitimate, non-discriminatory justification. This treatment not only violates basic decency, but clearly violates the HOA’s obligations under federal law.”

The HOA has demonstrated a long history of harassment and discrimination against the Hertzels. In 2017 the Hertzels submitted a proposal to build a synagogue near several churches within the HOA area, clearly within their rights and the local zoning laws. When Henya specifically requested the proposal be considered, board members did not bring the proposal up for a vote or even consider it.

The Loggers’ Run HOA has repeatedly singled out the Hertzels for selective rule enforcement while ignoring violations by other residents. The HOA board told the Hertzels on one occasion that they “didn’t want Jews” in Loggers’ Run and the HOA manager told them that they “should have ended them [the Jews]” back in Nazi time period. Vandals have knocked down religious symbols, spray-painted buildings, broken windows, flown drones over their home, and screamed antisemitic slurs outside their home while meetings were being conducted.

In the letter, attorneys invite the HOA representatives to a mediation conducted by a neutral third-party mediator for the goal of reaching an amicable resolution.