Legal battles in the U.S.
The Jewish practice of affixing a mezuzah to the entranceway of a residential unit was rarely challenged in the United States or Canada. However, in Chicago in 2001, a condominium association at Shoreline Towers banned "mats, boots, shoes, carts or objects of any sort… outside unit entrance doors", which by board vote in 2004 was interpreted to be absolute. Shoreline Towers management removed the hallway mezuzot of condominium tenants. Complaints were subsequently filed with the Chicago Commission on Human Relations,
Illinois Attorney General, and
U.S. Department of Housing and Urban Development, alleging housing discrimination on the basis of religion. Shoreline Towers was not the sole condominium association in Chicago with such a restriction, although one of them agreed to modify its rule. On reading a news report of the mezuzah dispute, Chicago alderman
Burton Natarus drafted an amendment to the city's municipal code which made it illegal for a renter or owner of an apartment, house, or condo to be prohibited from "placing or affixing a religious sign, symbol or relic on the door, door post or entrance." Although there was opposition, it became law in Chicago that December. The first such legislation in North America, it included a maximum $500 fine for its violation. Notwithstanding this legislation, in 2006, a federal court judge determined that the rule did not violate the
Federal Fair Housing Act; the district court upheld the opinion on appeal in 2008; in 2009, the
U.S. Court of Appeals for the 7th Circuit in Chicago reversed the 2008 decision, and the case proceeded. Meanwhile, records of the
Chicago Jewish Star were unsuccessfully subpoenaed, and Illinois' anti-
SLAPP legislation was applied. In 2011, a confidential settlement to the Shoreline Towers disputes was achieved. In January 2006, a more narrowly focused amendment to the state's Condominium Property Act was initiated by Illinois Senator
Ira Silverstein, the first such state law, which specifically prohibited Condominium Boards from creating "a rule or regulation that shall prohibit any reasonable accommodation for religious practices, including the attachment of religiously-mandated objects to the front door area of a condominium unit." That April, the bill was signed by Governor
Rod Blagojevich, and went into effect January 1, 2007. In 2006, a woman in a condo building in
Fort Lauderdale, Florida, was instructed to remove the mezuzah from her hallway unit and threatened with a fine. After a lengthy legal battle, the condo association was found guilty of discrimination. In 2008, House Bill 995, an amendment to the Florida Condominium Act, modeled on the Illinois state legislation, became law. In Texas in 2007, a couple living in Houston was instructed to "remove the item attached to your door frame" to avoid violating association rules. A legal battle ensued, during which a U.S. District Court judge ruled in 2008 on behalf of the condo association. Subsequently, the couple turned to Texas House of Representatives member
Garnet F. Coleman. His bill to protect such religious displays, as introduced in 2009, was not adopted, but in June 2011 a slightly revised version (HB1278) was signed into law by Texas Governor
Rick Perry. A bill designed to prevent mezuzah bans nationwide was proposed in 2008 (H.R. 6932) by U.S. Congressman
Jerrold Nadler. It never became law. ==See also==