Traditional Jews pray in a minyan, a quorum of ten men who form the communal setting in which an individual Jew prays as a part of the Jewish people. In January of 2021, a man named Daniel Grand sent an email to some of his friends, seeing if he could organize a minyan at his home. He lives in University Heights, Ohio, just outside Cleveland, too far from his synagogue to walk on Shabbat and holidays when driving is forbidden by Jewish law.
A neighbor saw the invitation and complained to the mayor’s office, after which the city sent Grand a cease-and-desist letter. Praying with guests in his home, the city told him, made his house a place of worship, and a place of worship requires a zoning permit he did not have.
A public hearing followed, at which neighbors said, on the record, that they did not want the area known as a Jewish neighborhood. Without the proper zoning and permitting, the city arranged for police surveillance of Grand’s house. His neighbors set up cameras to make sure that visitors would not come there to pray. And there was, in the fine print of the city’s own code, a cruelty that reads almost like satire: had Grand actually won his permit, transforming his home into a house of worship, he and his family would have had to move, since a house of worship cannot also be a residence.
Grand sued the city, and his case was thrown out because the court held that it was not yet ripe, a legal term that refers to the fact that the local zoning board had not yet ruled against him, and was officially still considering his application. This December, the Supreme Court will consider the case of Grand v. University Heights.
To discuss this case, Jonathan Silver, the editor of Mosaic and host of the Tikvah podcast, is joined by John Bursch, who is one of the attorneys representing Grand. Bursch is senior counsel and vice-president of appellate advocacy at Alliance Defending Freedom and a veteran of many oral arguments before the Supreme Court, and formerly served as a solicitor general in the state of Michigan.