At the instructions of High Court Justice Dorit Beinish, the
Beit Shemesh Municipality will be unable to enforce the
Municipal law prohibiting the sale of pork in city
residential sections. As a result, the treif stores
will be able to continue to operate unhampered throughout
the entire city.
A number of months ago the Beit Shemesh City Council
approved a local ordinance determining that it is illegal to
sell non- kosher meat within the residential areas of the
city. However, the sale of such meat in industrial and non-
residential areas was allowed. Two months ago, former
Interior Minister Chaim Ramon approved the new law and it
was supposed to go into effect two weeks ago. Had it gone
into effect, it would have enabled enforcement of the law by
fining store owners who continued to sell treif meat
within residential neighborhoods.
The law was passed after chareidi representatives in the
Beit Shemesh City Council waged a difficult battle over the
immediate closure of stores that were selling pork in the
city. Examination of city auxiliary laws revealed that
closure of such stores would involve a legal problem, since
the High Court had backed such stores in the past. As a
result of intensive efforts on the part of the chareidi
representatives, a proposed municipal law was prepared,
determining that the sale of such meat would be permissible
only in the industrial section of the city, not in
residential areas or in stores in the city proper.
Owners of treif meat stores in Beit Shemesh are all
Russian immigrants and the majority of those purchasing this
meat are non-Jewish Russian immigrants and foreign workers
living in the city. A majority of the Council members--from
all parties--supported the new law. Among the supporters
were even parties identifying with the Left and with Russian
immigrants.
The new law was approved by the Health, Justice and Interior
Ministries. A number of months ago, Interior Minister Chaim
Ramon announced that he would allow the local councils the
freedom to change auxiliary laws with respect to
treif meat, and that any municipal law enacted by the
local councils would automatically take effect, following
approval from a legal point of view. For this reason, the
law was supposed to take effect two months ago.
A month ago, Shinui appealed to the High Court against this
decision, demanding that a temporary order be issued
canceling the new municipal auxiliary law. A number of
storekeepers in the city joined the appeal.
Justice Dorit Beinish instructed the Interior Minister and
the Beit Shemesh Municipality to present their responses to
the petition. A number of weeks ago, the Attorney General
asked the government to postpone the date for presentation
of responses. However the Interior Minister did not ask that
the temporary order be postponed. As a result, Justice
Beinish decided to issue a temporary order prohibiting
implementation of the new law prohibiting the sale of pork
in the confines of Beit Shemesh until deliberation and a
decision on the petition take place.
Chareidi public figures in Beit Shemesh say that this law
was approved in the City Council according to regulations,
and that it was even approved by the relevant government
ministries. "All city religious and traditional residents,
who expect that the status quo in the city be preserved,
hope that no change in the law will take place," city
residents say.
An additional battle over the Jewish character of Beit
Shemesh is being waged. The chareidi, religious and
traditional sectors object to the opening of stores in the
"Big" shopping mall at the entrance to the city on Shabbos.
They also object to the treif store soon to open in
the mall. Representatives of the chareidi and religious
parities are currently waging battle in the municipality
with the demand that it exert its authority in order to
prevent the opening of the mall on Shabbos.
