Resolution 2023-32476 RESOLUTION NO. 2023-32476
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A GRANT IN THE
AMOUNT OF $72,500 TO THE MIAMI BEACH ERUV COUNCIL, INC.,
FOR THE PURPOSE OF OFFSETTING COSTS RELATED TO THE
MAINTENANCE AND REPAIRS OF THE PORTIONS OF THE ERUV LINE
LOCATED ON THE CITY'S PUBLIC RIGHT OF WAYS, IN
FURTHERANCE OF THE CITY'S INTEREST IN ENSURING THE
SAFETY OF STRUCTURES INSTALLED ON PUBLIC RIGHT OF WAYS
WITHIN THE CITY; AND FURTHER, AUTHORIZING THE CITY CLERK
AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD GRANT
AGREEMENT WITH RESPECT TO THE FOREGOING.
WHEREAS, the City has accommodated an Eruv line within the City's territorial
limits since as early as the 1970s, if not earlier; and
WHEREAS, an Eruv line currently exists not only in Miami Beach, but extends to
Surfside, Bal Harbour, Bay Harbour Islands, Aventura, and other municipalities, making
the South Florida Eruv one of the largest known Eruvs in the country; and
WHEREAS, Eruv lines have been repeatedly upheld by the courts as a
government entity's neutral accommodation that facilitates residents and visitors
engaging in certain secular outdoor activities on the Sabbath, including activities such as
the carrying of items such as medication, or the pushing of a baby stroller. See, e.g.,
Jewish People for the Betterment of Westhampton Beach v. Village of Westhampton
Beach, 778 F.3d 390 (2d Cir. 2015); and
WHEREAS, the City has currently issued a right of way permit to the Miami Beach
Eruv Council, Inc., a Florida not-for-profit organization that has assumed responsibility for
the installation and continued maintenance of the Eruv in Miami Beach; and
WHEREAS, as the City has an interest in ensuring that all structures installed on
public property are safe and do not present any risk or hazard of tripping or deterioration,
the Mayor and City Commission desire to approve a one-time grant in the amount of
$72,500, for the limited purpose of funding repair and maintenance activities of the Eruv
line on public property installed within the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve a grant in the amount of$72,500 to the Miami Beach Eruv
Council, Inc., for the purpose of offsetting costs related to the maintenance and repairs
of the portions of the Eruv line located on the City's public right of ways, in furtherance
of the City's interest in ensuring the safety of structures installed on the public right of
way; and further, authorize the City Clerk and City Manager to execute the City's
standard grant agreement with respect to the foregoing.
PASSED and ADOPTED this / day of February, 2023.
ATTEST:
FEB 0 8 2023 Dan Gelber, Mayor
Ra aeI E. Granado, City Clerk
1 I ,
(Sponsored by Commissioner Laura Dominguez) tiIdCORP ORATEDI
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APPROVED AS TO
FORM &LANGUAGE
• &FOR EXECUTION
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City Attorney 0.42.
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Resolutions-C7 Al
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: February 1, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING A GRANT IN THE AMOUNT OF
$72,500 TO THE MIAMI BEACH ERUV COUNCIL, INC., FOR THE
PURPOSE OF OFFSETTING COSTS RELATED TO THE MAINTENANCE
AND REPAIRS OF THE PORTIONS OF THE ERUV LINE LOCATED ON
THE CITY'S PUBLIC RIGHT OF WAYS, IN FURTHERANCE OF THE CITY'S
INTEREST IN ENSURING THE SAFETY OF STRUCTURES INSTALLED
ON THE PUBLIC RIGHT OF WAY; AND FURTHER, AUTHORIZING THE
CITY CLERK AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD
GRANT AGREEMENT WITH RESPECT TO THE FOREGOING.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The fiscal impact of this measure is $72,500.
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Laura Dominguez
ATTACHMENTS:
Description
Page 850 of 1420
o Commission Memorandum
o Resolution
Page 851 of 1420
M AMA BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 1, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A GRANT IN THE AMOUNT OF
$72,500 TO THE MIAMI BEACH ERUV COUNCIL, INC., FOR THE PURPOSE
OF OFFSETTING COSTS RELATED TO THE MAINTENANCE AND REPAIRS
OF THE PORTIONS OF THE ERUV LINE LOCATED ON THE CITY'S PUBLIC
RIGHT OF WAYS, IN FURTHERANCE OF THE CITY'S INTEREST IN
ENSURING THE SAFETY OF STRUCTURES INSTALLED ON THE PUBLIC
RIGHT OF WAY;AND FURTHER,AUTHORIZING THE CITY CLERK AND CITY
MANAGER TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT
WITH RESPECT TO THE FOREGOING.
Pursuant to the request of Commissioner Laura Dominguez, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the February 1, 2023 City
Commission meeting.
The City has accommodated an Eruv line within the City's territorial limits since as early as the
1970s, if not earlier.An Eruv line currently exists not only in Miami Beach, but extends to Surfside,
Bal Harbour, Bay Harbour Islands, Aventura, and other municipalities, making the South Florida
Eruv one of the largest known Eruvs in the country. Eruv lines have been repeatedly upheld by
the courts as a government entity's neutral accommodation that facilitates residents and visitors
engaging in certain secular outdoor activities on the Sabbath, including activities such as the
carrying of items such as medication, or the pushing of a baby stroller. See, e.g., Jewish People
for the Betterment of Westhampton Beach v. Village of Westhampton Beach, 778 F.3d 390 (2d
Cir. 2015); Tenafly Eruv Association, Inc. v. Borough of Tenafly, 309 F.3d 14 (3d Cir. 2002);
American Civil Liberties Union of New Jersey v. City of Long Branch, 670 F. Supp. 1293 (D.N.J.
1987). In Miami Beach, for many years, the beloved Rabbi Pinchas Weberman was well-known
for being seen riding his ATV weekly on the beach as he checked the status of the Eruv during
his long tenure.
The City has currently issued a right-of-way permit to the Miami Beach Eruv Council, Inc., a
Florida not-for-profit organization that has assumed responsibility for the installation and
continued maintenance of the Eruv in Miami Beach. To date, the maintenance of the Eruv has
and continues to be privately funded.
In order to assist with repair and maintenance of the Eruv structures on public property, and in
furtherance of the City's interest in ensuring that all structures installed on public property are safe
and do not present any risk or hazard of tripping or deterioration, Commissioner Dominguez has
Page 852 of 1420
Commission Memorandum
February 1, 2023
Page 2
proposed that the City award a one-time grant to the Miami Beach Eruv Council, Inc., for the
limited purpose of funding repair and maintenance activities of the Eruv line on public property
installed within the City of Miami Beach pursuant to the City-approved right of way permit. As
with all City grants, the funding must be used for secular purposes only (in this case, maintenance
and repair-related activities only), and may not be used for religious indoctrination or instruction
of any kind.
Although there is ample case law supporting the placement of Eruv lines on public property, we
are not aware of any case involving a government entity's financial grant for maintenance of an
Eruv line on public property. The Establishment Clause of the First Amendment provides that
"Congress shall make no law respecting an establishment of religion...." U.S. Const. amend.
I. The U.S. Supreme Court has construed the Establishment Clause, in general,to mean that the
government is prohibited from sponsoring or financing religious instruction or indoctrination. See,
e.g., Mitchell v. Helms, 530 U.S. 793(2000) (upholding use of federal funds for schools, including
private religiously-affiliated schools, for educational materials and equipment, so long as the aid
itself was used for secular purposes). Recent Supreme Court opinions have considerably relaxed
the Establishment Clause jurisprudence and have upheld the constitutionality of public funding of
certain secular elements of religious organizations, among other accommodations, so long as
there may be a "reference to historical practices and understandings" that supports the
accommodation. See, e.g., Carson v. Makin, 142 S.Ct. 1987 (2022); Kennedy v. Bremerton Sch.
Dist., 142 S.Ct. 2407 (2022).
In view of the foregoing, the proposed grant is legally defensible, given that the City has a clear
interest in the safety of structures placed on public property, the City has previously awarded
numerous grants to organizations performing work or holding private events on public property,
and the use of funds here would be limited for maintenance and repair activities on City right of
ways, activities that are entirely secular in nature.
RAP/ag
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Page 853 of 1420