The Tel Aviv District Court on Monday rejected a petition against the Ramat HaSharon municipality and Mayor Itzik Ruchberger that sought to force enforcement of the local bylaw banning businesses from opening on Shabbat. The case focused on the city’s enforcement policy toward shops operating on the day of rest, especially at the Big Glilot complex.
The petition was filed by the Hapoel HaMizrachi movement and a business owner. They argued that the 1968 municipal bylaw clearly prohibits businesses from opening on Shabbat, and that the municipality’s failure to enforce it violates the rule of law and amounts to selective enforcement against business owners. They asked the court to order full and equal enforcement, without exceptions.
Ramat HaSharon responded that the bylaw is an old law that is no longer suited to present-day life, and said there had been repeated but unsuccessful attempts over the years to update the local arrangement. During the hearing, the city council and the mayor said the municipality had drafted a new policy document on businesses operating on Shabbat and pledged to keep the existing bylaw in force and enforce it on the ground.
In light of that position, the court ruled that the petition had served its purpose and should be removed from the docket. The judge said, “The petition succeeded in the sense that the municipality and the mayor made clear that the law should be enforced. They also formulated an enforcement policy for how to enforce this law. In these circumstances it is clear that the substantive part of the petition has been exhausted and there is no dispute that the law must be enforced.” The ruling has drawn criticism from opponents of Shabbat openings, who say non-enforcement empties the bylaw of meaning and erodes the status quo in Israel.
