TOMS RIVER, NJ – Toms River is being sued, and nineteen past and present elected officials are named in the complaint lodged two weeks ago by Storzer and Associates on behalf of religious entities operating within Toms River. The lawsuit is about the township’s 2019 and 2020 denials of shuls (houses of worship residing inside residential homes).
The plaintiffs are Rabbi Mordechai Sekul of Bais Brucha, who sought to operate a shul at 1181 Hickory Street; and Khal Anshei Tallymawr operating on Brentwood Avenue, both in Toms River.
Toms River had settled an arrangement between the Department of Justice and the township regarding its ten-acre zoning regulations. At the time, all parties agreed that it was a win-win solution for the township.
The subpoenas are requesting all emails, texts, and social media posts made by elected officials referencing Orthodox Jews.
Although the township changed its zoning laws to allow those shuls, the two entities are suing, claiming the township’s actions caused them financial damages, including purchasing new property, legal fees, and professional fees.
The case was filed in federal court and claimed discriminatory treatment of religious land uses.
Two weeks ago, a subpoena delivered to the township sought electronic communications between town officials relating to Orthodox Jews, no-knock ordinances, Toms River Strong, Rise Up Ocean County, social media posting, texts, social media histories, Instagram photos, Twitter feeds, and text messages.
Township attorney Anthony Merlino, soon to become a judge, said the subpoena was nothing more than a fishing expedition common in religious land use cases.