A week after a Givatayim court ordered the closure of a Tiv Tam store on Weizman Street on Shabbos and yomim tovim, the Tel Aviv Magistrate’s Court earlier this week permitted another branch, a traif store, to operate on Shabbos in Ramat HaChaiyal. The store is also permitted to sell pork products.

Some five months ago, 400 neighborhood residents called upon the court to order the store operating on Deborah HaNeviyah Street closed since it was operating without a license. The residents also requested that if the store is granted a business operating license, that it not be permitted to open on Shabbos and yomim tovim, and not be permitted to sell pork since it is situation adjacent to the only chareidi neighborhood in Tel Aviv. The request was filed by Rav Naftali Lubert, a member of the city council, N’vei Sharet resident Yosef Avitan, and Tzion Arbiv, who heads the N’vei Sharet citizens’ council. Also included in the petition were residents of Ramat HaChaiyal and store owners from N’vei Sharet.

Representing the neighborhood, attorney David Shov stated the Tiv Tam stores, which occupies 5,000 square meters (54,000 sq. ft.) occupies the ground floor of a building not yet completed, which is planned to accommodate seven floors of residential dwellings.

The petitioners maintain Tel Aviv City Hall is closing its eyes to the operations of Tiv Tam and AM:PM, operating without licenses in some stores, around the clock in violation of labor laws, zoning and other laws. The residents add that the new supermarket operating 24/7 is contributing to area noise pollution and it has lowered the value of their homes. There is an additional affront to the residents of the chareidi area, Kiryat Harim Levin, the only chareidi area in the entire city.

Tiv Tam stated the petition is just part of the ongoing opposition from the Shomer Shabbos community against its stores and current laws permit the sale of pork in their store, adding pork products are readily available throughout the city.

Justice Ronit Punchuk-Alet rejected the petition on the grounds the petitioners have not done an adequate job proving their case and the objections contained within the petition. The ruling she added was just a rejection of a request for a temporary order and the case will be heard on 8 January 2009.

Attorney Shov called the ruling unfair, stating they will take the case to the High Court, adding “the court did not even permit us to respond before throwing us down the stairs”.

(Yechiel Spira – YWN Israel)