Over the years, some minimarkets began to stay open on Shabbat and holidays, responding to a growing demand by visitors, tourists and foreign workers who wanted to buy cigarettes, milk or alcohol.
By PEGGY CIDORUpdated: SEPTEMBER 8, 2016 22:45A convenience store in Jerusalem that is open on Shabbat(photo credit: MARC ISRAEL SELLEM/THE JERUSALEM POST)
Remember the drama about the minimarkets that remain open on Shabbat? There are about 20 such convenience stores in several neighborhoods, but eight of them are located in the city center.Situated on the route used by many haredim on their way to the Western Wall on Shabbat, they had been in the eye of the storm until recently.Over the years, some minimarkets began to stay open on Shabbat and holidays, responding to a growing demand by visitors, tourists and foreign workers who wanted to buy cigarettes, milk or alcohol. No one ever authorized this situation, but nobody asked for authorization either.About three years ago, haredi members of city council – who are usually very attentive to their sector’s demands and priorities – began to feel the situation had gone too far. As one such city council member said to this writer not long ago, “How can I walk to the Kotel on Shabbat with my children, having to pass grocery stores that shamelessly display their merchandise on the sidewalk?” It was clear the situation was coming to a head.Mayor Nir Barkat may not have had a personal problem with the minimarkets being open on Shabbat, but (a) he couldn’t possibly ignore his haredi partners on the coalition; and (b) the minimarket owners were not breaking the law and, in fact, challenged him.Since politics and politicians are not exactly philosophers, Barkat stuck to the basic laws and ordered eight of the minimarkets to close on Shabbat. The owners refused. Barkat sent city inspectors to impose fines. The owners continued to keep their stores open on Shabbat, and the fines piled up. But then a new player entered the scene. Attorney Yossi Havilio, head of the Tzahor nonprofit organization – a former legal adviser of the municipality and former supporter of Barkat, but today one of his fiercest foes – represented the minimarket owners in court.Two of the owners were allowed to continue business as usual because they were not Jewish, so the law obliging them to rest on Shabbat did not apply to them. Another owner decided to quit the struggle and closed his store on Shabbat. The five who remained in the fray were adamant about obtaining the right to remain open, arguing that Shabbat was the only day they could really make a profit, hinting at the heavy property taxes they were paying. The struggle went on until last week.In a triumphant tone, Havilio announced on his public Facebook page that the court had decided to deny the request of the municipality to impose more fines on the minimarket owners and that, as a result, Barkat had decided to stop giving out the fines.Well, the problem is that this was not an accurate description of what happened. Barkat did indeed revoke all the fines, but it was because he understood that the best way to make the store owners close down would be through an appeal to the court, something he obviously could not do while issuing fines every week. A municipality spokesman explained that from now on, complaints about breaking the law will be automatically submitted to the court.So the situation is not improving, and the war on the minimarkets is far from over.But the problem lies elsewhere. Havilio has not yet declared it publicly, but those close to him or aware of his activities know that he is seriously considering moving to Safra Square – more precisely, to the mayor’s office. Over the years and through his many court battles – most of them conducted pro bono – Havilio has earned many rights and credits.If and when he decides to go public with his plan, he will certainly garner the support of many residents who are disappointed with the current mayor and are far from enthusiastic about a future mayor who would be totally obliged to the haredi sector, as Moshe Lion is perceived.The question is: Why is such a brilliant lawyer, dedicated to residents’ rights and willing to represent civil cases pro bono, not more careful about presenting important developments more accurately? Havilio responded to In Jerusalem that he is aware this is only “the first victory in a long struggle,” and pointed out that in any case, the decision of the municipality to cancel the fines “even if a suit is filed instead, is an admission they were wrongly handling this matter.”
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