Betzedek petitioned the High Court for permission to hold
demonstration outside the private homes of missionaries, just
as the law permits demonstrations outside the homes of public
figures. The organization claims that because missionary
activity harms the general public, the public should have the
right to voice its opinion wherever missionaries are found
rather than restricting the right to demonstrate to certain
public places.
For years Arad residents have been battling against
missionaries who live and operate in the city, claiming many
victims. These missionaries even publicized their successes
in bringing Jews to convert, Rachmono litzlan, and
spreading their beliefs among the general population. Ever
since their activities became known, Arad's chareidi
residents have been holding protest vigils, gatherings and
demonstrations outside the missionaries' homes several times
per week.
Six months ago the commander of the Arad police station
promised the missionaries that he would restrict the
demonstrations held outside the home of one of the most
prominent of the missionaries and indeed he then rejected a
request to hold a large-scale demonstration at the site.
Instead he agreed to allow the demonstration to be held 800
meters (half a mile) from the home. The police said the
decision was based on concerns for the privacy of the
missionary activist and her neighbors.
When Arad anti-missionary activists turned to Betzedek, which
was founded by Agudas Yisroel of America, Director Attorney
Rabbi Mordechai Green filed a High Court petition against the
unreasonable decision, which infringes on the fundamental
right of freedom of expression and the right to
demonstrate.
In an extended hearing Betzedek claimed that most of the
missionary activity originates from the woman's residence. In
his arguments Attorney Green rejected the State's claim the
demonstrations should not be permitted outside the home
because of the harm it causes to the woman and her neighbors.
He asserts individuals are also exposed to public criticism
and the public should be allowed to demonstrate everywhere,
as a previous ruling determined.
Attorney Green also says the missionary activity disturbs the
entire public, across the spectrum and also that the police
are not authorized to take any account of the substance of
the matter being demonstrated against. Therefore the police
should remain within the technical confines of the power
legally vested in it, i.e. just to maintain the public order
and safety. Thus the public should not be prevented from
having its say and expressing its opinion on a matter that
touches the essence of Am Yisroel's existence.
According to Betzedek in several rulings the High Court has
determined that although public figures do their work in a
government office or another public place, demonstrations can
be held outside their private homes based on the fundamental
right to freedom of expression, which is a central element of
the Human Dignity and Freedom Foundation Law.
The missionary woman admitted working out of her home at
various times, but claimed that this activity ceased long
ago. In order to impress the court she brought in her two
sons, saying they serve in the IDF.
One of the neighbors, representing the other neighbors as
well, claimed the demonstrations detract from their quality
of life, infringe on their right to privacy and reduce
property values. He described himself as a Holocaust survivor
and claimed the speeches during the demonstrations stir
unpleasant feelings in him.
The State's counsel said that recently chareidim have been
holding numerous demonstrations and protest vigils for which
they did not need a permit and that when considering granting
a permit for a large demonstration, all of the protest
activity should be taken into account. She also tried to
defame the demonstrators and depict them as violent
individuals who transgress the law and are a nuisance. She
said recently that the missionaries have filed numerous
complaints, leading Arad police to open 16 investigations
against the demonstrators.
Attorney Green rejected these claims saying the complaints
against the demonstrators' conduct are unfounded, perhaps
even at the initiative of police officers to help them uphold
their reputation when the matter came before the High
Court.
Judges Barak, Naor and Jubran leaned toward accepting
Betzedek's arguments and immediately stated that
demonstrations should not be prevented from taking place near
the missionary's home. They tried to negotiate an agreement
between the two sides regarding the frequency of
demonstrations and the number of participants. After the
negotiations between the two sides broke down due to
inexplicable obstinacy on the part of the missionary woman
and her neighbors with the encouragement of the State's
Attorney, the High Court decided to issue a ruling based on
the material presented.
