The High Court of Justice ruling from Tuesday, 17 Tammuz 5773 compelling Tel Aviv City Hall to enforce the law concerning stores opening on Shabbos has stirred the kettle. While it is prohibited to operate stores on Shabbos, the national day of rest, larger businesses routinely ignore the law, preferring to pay the minimal fines to earn handsome profits on Shabbos R”L.

However, Kobi Brenner and his organization representing minimarket and grocery store owners feel the decision to permit stores like AM:PM and Tiv Taam to operate on Shabbos results in significant harm to him and other small business owners. Brenner, who describes himself as “traditional” feels he and his colleagues must decide to give up their only day off or alternatively, open in defiance of the law. He explains “I don’t wish to be a law breaker and unlike AM:PM, I can’t afford the fines” so he finds himself caught between a rock and a hard place.

The decision gives Tel Aviv City Hall 60 days to formulate its plan, at which time it will be compelled to shut down stores operating on Shabbos. Other cities will most likely face similar court petitions if they fail to enforce the Day of Rest Law, which will include supermarkets and shopping malls, such a Bilu Junction, a busy locale for Shabbos shopping. Non observant Israelis are already panicked over the decision, questioning “What will we do? This is our main shopping day? How can they close the stores?”

For secular elected officials and anti-Shabbos activists alike it signals the need to begin advancing a pro-secular agenda, to amend the nation’s day of rest law to accommodate the new reality, one in which many Israelis prefer to shop on Shabbos rather than to respect the day.

With the Tel Aviv mayoral elections just four months away, it is likely that Mayor Ron Huldai will ask the court for an extension for he does not wish to begin forcing stores to close two months ahead of elections. In his request, the mayor will explain that by implementing the decision 60 days prior to election it will be interpreted as a political move and therefore, it is preferable to delay implementation until after the elections.

City Hall officials released a statement “Tel Aviv will continue to be a free city. We will study the court’s decision and find a solution that is a balance between recognizing the Shabbos as a day of rest and the freedom the city permits today”.

(YWN – Israel Desk, Jerusalem)