United States Second Circuit

In this case, plaintiffs filed for declaratory and injunctive relief to prevent the creation in Westhampton Beach of an "eruv," a delineated geographic area significant to certain adherents of Judaism. Plaintiffs allege violation of the Establishment Clause of the United States Constitution. Judgment of dismissal is affirmed, where: 1) plaintiffs' reply brief disclaims any attempt to revive their dismissed claim against the Village of Westhampton Beach; 2) two of the remaining three defendants are plainly not state actors, and the Establishment Clause is a check on governmental power, so all claims against these defendants must be dismissed for lack of state action; 3) plaintiffs have not plausibly pleaded that there was no secular purpose to the governmental actions taken by the remaining state actor, defendant LIPA; and 4) permitting a religion organization to attach lechis to utility poles, as LIPA did here, serves the secular purpose of accommodation, absent evidence that the erection of an eruv was facilitated in a non-neutral manner.

Appellate Information

• Decided 02/11/2015
• Published 02/11/2015

Judges

Court

• United States Second Circuit

Counsel