In its ruling on Tuesday, 2 Shevat, a Tel Aviv Municipal Court rejected a City Hall petition to order the closure of a store on Shabbos. The city filed the petition against Tiv Tam, which operates on Shabbos in defiance of the Day of Rest Law.
Justice Barkai ruled decided to reject the city’s petition despite changes and amendments in the law as if no changes occurred. The court added the city in the past submitted similar decisions, which were also rejected, but in the past, the city did not fight the court’s ruling. It was also argued the amendment to the law in question was not publicized, which means in practice, the Supreme Court should manage the validity of the bylaw and the amendment.
The court pointed out the value of Shabbos is not what is on trial but if the city has the authority to issue an order under the bylaw.
In summation the court ruled it does not have the jurisdiction to decide pertaining to the bylaw, which is ambiguous, and the decision must remain in the jurisdiction of the Supreme Court. The court said it was “neither appropriate no legally correct” for it to act.
Hence this case is another blow to ongoing efforts to compel the closure of businesses in Tel Aviv on Shabbos and Yom Tov.
(YWN – Israel Desk, Jerusalem)