The Tel Aviv Administrative Court on Monday dismissed a petition against the City of Ramat Hasharon and Mayor Yitzhak Rochberger over enforcement of the municipal bylaw banning business openings on Saturdays and Jewish holidays, after the city presented a new enforcement policy. The case was brought by Boris Cohen and the Hapoel Hamizrachi organization and focused on alleged non-enforcement at the Big shopping complex in Glilot.
Judge Gilad Hess said the petition had effectively achieved its main goal, because the city had now acknowledged its obligation to enforce the bylaw and said it would do so. He wrote that the petition had succeeded in forcing the municipality to recognize the law and formulate an enforcement mechanism, and noted that the city’s policy was only adopted about three months ago, so there was not yet enough evidence to judge whether it was real enforcement or merely cosmetic.
At the same time, Hess stressed that dismissing the petition did not exempt the city from enforcement. He said the Brammer precedent still applies, meaning effective enforcement is required as long as the bylaw remains in force. He added, “For the avoidance of doubt, I clarify that the petition was dismissed in light of the respondents’ statement that enforcement of the existing bylaw is being carried out, including in the complex that is the subject of the petition.”
The judge said the dismissal should be understood as giving binding force to the mayor’s declaration that the law will be enforced going forward. He also said the petitioners may file a new petition if they soon find the enforcement insufficient, and noted that the city is also seeking to amend the bylaw, which could affect future developments. The court ordered Ramat Hasharon and Big Centers to pay the petitioners 5,000 shekels each, to be paid within 30 days.
