By Doug Miller
The Mesivta of Long Beach, the all-boys high school and rabbinical college at 205 E. Beech St. that serves Long Beach's Orthodox Jewish community, is suing the city. In papers filed Feb. 25, the Mesivta's attorney Howard Fishman claimed the school's rights as an institution of religion were violated when the city reclassified it as a commercial establishment for garbage collection purposes.
Other religious centers in Long Beach have received the same rate-hike, a city official confirmed, most notably St. Ignatius Martyr Roman Catholic Church on Grand Boulevard at Broadway. As of Tuesday evening the church had not joined the Mesivta in the suit. St. Ignatius Martyr's pastor, the Rev. William Logan, did not return a call for comment.
The Mesivta also claimed in its suit that the city's imposition of charges for fire alarm services was tantamount to a tax, which violates New York law. Mesivta officials claimed they were charged $904 per quarter for garbage collection until July 1, 2004, when the rate jumped to $9,594, a more than 1,000 percent increase.
"Al Capone didn't charge that much vig," said a Mesivta official who asked not to be named.
Since the hike went into effect, the Mesivta hired private carters to handle its garbage, and is suing the city to recover that expense, plus interest and legal fees.
"Mr. Fishman is taking the position that the Mesivta shouldn't pay any money for garbage pickup," said City Manager Charles Theofan in defending the rate-hike. "And I think that is a disingenuous position."
He said the Mesivta is now billed on the basis of the amount of garbage it produces equal to any other institution in Long Beach.
The city's Acting Corporation Counsel, Corey Klein, said it was unfair for the Mesivta to claim religious persecution.
"Garbage pick-up isn't a tax," he said. "Back when the Boston Tea Party was being held, they weren't talking about getting their garbage picked up. If you're using [a service], you should have to pay for it."
But Fishman said the fees the city charged for fire alarm services demonstrates that the Mesivta is being taxed.
"It's not being charged based on usage," said Fishman. "It's a tax on the property, which is in violation of New York Real Property Tax Law."
The Mesivta had paid at its previous rate for years, but Fishman did not say the school would settle for the previous rate.
"They paid that amount for years," he said. "That it may have been reasonable doesn't make it legal. But it wasn't cost effective to bring litigation. But now that we're talking $36,000 per year, it becomes egregious."
Comments on this story? DMiller@liherald.com or (516) 569-4000 ext. 213.
Arthritis club goes Eastern
The Arthritis Club of Long Beach Medical Center will hear a lecture, "Eastern Medicine Techniques - An approach to Arthritis", on March 15 at 2 p.m. in the Hospital's Conference Room C.
Guest speaker Susan Cullen will explain the benefits of Tai Chi, Chi Kung, yoga and meditation in easing arthritis pain and improving health.
For more information, call Long Beach Medical Center at 897-1504.
Kindergarten sign-up
The Long Beach Public Schools will conduct registration for pre-kindergarten and kindergarten for the 2005-2006 school year on March 17 from 8 to 11 a.m., 1 to 3 p.m. and 6 to 8 p.m. and March 18 from 8 to 11 a.m. at the Lindell School Gymnasium, 601 Lindell Blvd.
On April 4 at 7 p.m., the Long Beach Public Schools will sponsor a parent orientation program at the Lindell School Auditorium. All parents of children born between Dec. 2, 1999 and Dec. 1, 2000 are cordially invited to attend the program. School district representatives will be available to answer all your questions. Kindergarten choice cards will be distributed at this meeting.
In addition, the Long Beach Public Schools will sponsor a kindergarten parent program on April 14 and 15, by appointment. Please contact each elementary school to arrange an appointment. The phone numbers are: Lido School 897-2140; East School 897-2184; Lindell School 897-2198; West School 897-2215.
