Yeshiva Of Brooklyn Expels Two Physically Disabled Students
The Yeshiva of Brooklyn asks two disabled students not to return to school this fall because the school is not accessible for disabled students – an apparent violation of the Americans with Disabilities Act.
YESHIVA OF BROOKLYN
[TALMUDICAL SCHOOL OF BROOKLYN}
August, 7, '14
Dear Rabbi and Mrs. *****
We hope you are having a pleasant summer.
But we must tell you that we are devastated. You know better than anyone the love and mesiras nefesh to ***** by everyone in our Yeshiva - Hanhalah, Rebbeyim, staff and talmidim.
Yet - to our utter dismay - we will not be able to continue being mechanech *****, because - as we have discussed with you months ago - the elevator is totally broken and requires a complete overhaul. The cost of doing this is $75,000, an amount that the Yeshiva cannot ever nearly afford to pay. ***** and one other boy are the only talmidim who use the elevator, and we just will have to do without it.
We realize that this precludes ***** from attending Yeshiva, and we are heartbroken about it. But this is really right now. We hope you understand that we have no choice in this matter.
If we can be of any further assistance, kindly contact us.
Sincerely,
Hanhalas HaYeshiva
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$75,000 is small potatoes compared to cost of the federal fines and lawsuits the yeshiva is exposing itself to. Not to mention the harm that will be done to its reputation.
Somehow I suspect the yeshiva would manage to find $75,000 if that's what it took to maintain the kashrut standards of its kitchen.
So much for the commandment to not place a stumbling block before the blind.
Posted by: Michael-Meir | August 24, 2014 at 12:22 AM
I bet the rosh yeshiva and upper administration of that yeshiva live in million dollar houses that can easily be mortgaged for 75 grand. I hope the government closes down the whole rat-trap and sues the hell out of these bastards who pulled this filthy stunt. What a sham religion!
Posted by: RWisler | August 24, 2014 at 12:44 AM
The good news is that they might end up going to a real school.
Posted by: David | August 24, 2014 at 02:23 AM
I am curious about the elevator. Given it is now "totally broken" I wonder if it was being operated in an unsafe or unmaintained condition before that until it became unusable or it was forcibly shut down by the authorities?
Posted by: David | August 24, 2014 at 02:31 AM
If I would have to guess, I would think that the yeshiva told these 2 families to raise the funds to fix the elevator, and if they don't, the yeshiva will not be able to accept their kids back. These yeshivos are run by businessmen who take home very nice salaries for themselves and their non-working family members, plus get lots of expenses paid for by the business, er, I mean, the yeshiva. Communities need to take back the yeshivos. They need to be run by community-voted-for boards which should have votes every 4 years, replacing half of the board. Principals, deans, and roshei yeshiva of the yeshivos should ONLY be paid employees and nothing more. This is the ONLY way for the frum world to take the yeshivos back from the family mafias that run them.
Posted by: Abracadabra | August 24, 2014 at 03:44 AM
Now the disabled boys and they families will be considered to have committed mesirah.
Posted by: Office of the Chief Rabbi | August 24, 2014 at 07:35 AM
I have heard here in Flatbush, many crooked things re Shlome Mandel contrary to the image he is trying to project in the community. He also reeks from Gayvah, and now I see his insensitivity.
I hope the US Goverment brings the full force of the law to bear on this wolf in sheep's clothing. Another Lipa Marulies there.
Posted by: Flatbusher | August 24, 2014 at 08:04 AM
That letter is clearly a veiled request/threat for funds. Find $75K--or possibly negotiate, who knows--and your boys are back in.
Posted by: Alexis | August 24, 2014 at 08:16 AM
This is a blatant violation of the Federal Disability Act and disabled persons discrimination laws, and the Yeshivah should be sued in federal court. Where is Zoltan Hirsch, the chassidic double amputee that sues all companies for disability violations.
Posted by: S Hecht | August 24, 2014 at 09:47 AM
"...Where is Zoltan Hirsch, the chassidic double amputee that sues all companies for disability violations…."
Does he sue frum companies?
I wonder where all the usual disability advocacy groups are? Maybe exposure in this blog will get them going. If they can't get upstairs then teach them in the part of the building they can reach, or at home.
It's so wonderful to see the milk of human kindness flowing…..oh yeah; my bad; I guess that milk isn't kosher enough so it was banned……..
Posted by: S M L | August 24, 2014 at 10:27 AM
Religious institutions are exempt from the ADA.
See http://www.justice.gov/crt/foia/readingroom/frequent_requests/ada_tal/tal057.txt
Posted by: B | August 24, 2014 at 10:29 AM
Respect for the disabled and strict rules against discrimination against disabled people is a wonderful thing which I totally support. However, if you think Judaism is a religion based on this ideal, think again.
When the Temple stood, kohanim with physical disabilities were disqualified from working as Temple priests. The Torah forbids men who have sustained injuries to their genitals from getting married. By some strict interpretations I have heard, deaf men cannot be counted in a minyan or testify before a Bais Din. There is also no commandment in the Torah mandating that the Temple, or synagogues or yeshivas be made handicapped accessible.
Posted by: Allan | August 24, 2014 at 11:17 AM
Clearly sounds like an attempt at a shake down.
Posted by: Reese | August 24, 2014 at 11:53 AM
while siding with david[above] the hardeim in new york state are by enlarge better at non righteous behaviour [the scummy,e,g, rubashkin family et al] than brotherly compassion and this article speaks for itself.
Posted by: first cousin of yaacov the camel driver from the levant | August 24, 2014 at 12:29 PM
Religious institutions may be exempt, but schools that accept any sort of federal funding, including lunches, books, title 1, etc.. must comply with the regulations.
Posted by: Sarah | August 24, 2014 at 01:11 PM
Some 'fiscally conservative' members of my community would side with the yeshiva. (This is a public school I'm referring to.)
Their argument: why should taxpayers in our small town, where the school budget is already under great strain, spend hundreds of thousands of dollars to build elevators, wider doors and ramps, hiring of additional nursing staff, special ed teachers, etc., just to accommodate one or two kids?
Ok, it's the law, and so we must. Some kids with special needs are bused to a nearby town that has all the accommodations, and our town pays them to let the students attend there.
In Jewland, of course, the law means very little, and only after years of litigation with the government will the frumma agree to make accommodations.
A better idea, I think, that would accommodate such kids would be if there was a yeshiva that had the physical requirements in place, and all such kids could attend that school.
Posted by: WoolSilkCotton; I must be seen to be believed | August 24, 2014 at 02:56 PM
Defective Kohanim were not denied employment. They were assigned to perform tasks outside of the sacred precinct that supported the Temple's rituals, such as gathering firewood for sacrifices.
Posted by: Michael-Meir | August 24, 2014 at 04:19 PM
WSC as usual you ignore the fact that your town is required by law to provide schooling to all children whereas yeshivas as private schools do not. Of course don't ever let the facts cloud your judgement....
I'm happy that you guys really care about these two children. It warms my heart...
Posted by: kjdude | August 24, 2014 at 04:25 PM
Kjdude
Where did wsc ever say the children should not get served? In fact he said "its the law, so we must." If a school takes government money, then it still has to provide services. In your book, these two children should be just as worthy as any other child and the school should go out of the way to accommodate them.
Then again if protecting defenseless children was something the frum valued then this blog would have very little to print.
Posted by: nachos | August 24, 2014 at 05:09 PM
The frumma only value children who are completely healthy and from yichus families.
Considering how many frumma children have special needs because of inbreeding, genetic disorders and syndromes, advanced maternal and paternal age, etc. there must be yeshivas that can handle these kids.
Posted by: WoolSilkCotton; I must be seen to be believed | August 24, 2014 at 05:27 PM
Once again your confusing the issue. We have many yeshivos and schools for special needs children such as HASC etc. Most yeshivos also have handicapped access and go out of their way to accommodate all students. Yeshiva of Brooklyn cannot afford to do so nor are they required by law to do so. Therefore they sent a nice caring letter asking parents to find another yeshiva. But of course if WSC wants to go off on a rant about the "frumma" etc. he will not let anything get in his way and that's fine. I'm not too worried about WSC and his ilk. After all we have the almighty bloc vote! Hell, according to the geniuses on this site we practically own the governor and mayor..... get a life turds! Lol! Can't wait for the idiocy which will spew forth in short order....
Posted by: polka | August 24, 2014 at 05:53 PM
@Michael-Meir
Exactly my point about the Torah‘s discrimination. Handicapped kohanim were relegated to second class status. They were no longer worthy to bring sacrifices upon the altar and were relegated to secondary support roles and expected to be content with this consolation prize.
They were considered, as you say, “defective”. What a horrible word to refer to disabled people! The Torah’s attitude here is clear. A “defect” in one’s body is considered to reflect a spiritual defect which rendered one unfit to perform the most holy work in the Bais Hamikdash.
Posted by: Allan | August 24, 2014 at 06:06 PM
Actually, if a kohen has a defect he cannot duchen because it would cause people to look at him, which is not allowed during duchening.
P.s. i work with a jewish organization for special needa kids, and they are extremely law abiding. The organization is mostly chasidishe, and they keep the law to the letter. They keep things that the government would have absolutely no way of discovering if they violated those laws. Goi to extremes and overgeneralizing is one of the fundamentals of negative thinking.
Posted by: Shmucksareyou | August 24, 2014 at 09:45 PM
A blind person reasonably expects his path to be obstacle-free; anyone who places an obstacle violates Torah.
And today everyone - disabled or not - expects a multistory building to have an elevator.
The yeshiva already has an elevator, so it's not a question of super-expensive retrofitting. Leaving the elevator in disrepair is like intentionally placing an obstacle in the path of a blind person.
Of course I don't know the students' particular disabilities and the school building's configuration. But perhaps they can be assigned to classrooms on the ground floor?
Posted by: Michael-Meir | August 24, 2014 at 10:22 PM
Hi- I’m the father of Moishe, the young man mentioned in the letter, and it was to my wife and myself to whom the letter was written. I don’t know how the letter ended up on the blog, but thank you for deleting our personal information.
There is one record Moishele and I would like to set straight. Yeshiva of Brooklyn is a place we love, a place that has earned our respect and friendship, and I would like in a few sentences to tell you why.
My Moishele is Baruch Hashem a gem. Of course I say so because he is my son but it really is an opinion shared by all who know him (well maybe not his sisters). That being said, Moishe is still handicapped, and being handicapped creates its own set of obstacles to having Moishe flourish in a mainstream environment, obstacles which many other institutions weren’t able to handle.
But Y.O.B., from day one, welcomed us with open arms and open hearts, and from day one they have always done their utmost to accommodate all Moishe’s physical and medical needs. All was done to make sure Moishe fit in, and he truly has- wonderfully so.Just recently for example, Moishe and his class went on a full day out of state trip, a trip which was totally designed with Moishe’s accessibility in mind.
Moishe’s nurses also always mention the warm and friendly atmosphere of the Yeshiva.
I Know the Yeshiva is doing what they can, and I know that Yeshiva of Brooklyn deserves our respect and our support.
Posted by: YEE | August 25, 2014 at 12:30 AM
YEE –
That is very nice to hear. I’m happy YOB has been so caring.
That said, by law it still has to be accessible. If it isn’t, it likely shouldn’t be getting any federal, state or city money. If I were the hanhalah of YOB, I’d be reaching deep in my pocket to get that elevator fixed pronto.
Posted by: Shmarya Rosenberg | August 25, 2014 at 12:58 AM