Injunction in New York: 'sucking by mouth '- legal

Victory to Haredi public in New York: activists of "Va'ad Mishmeres Habris", who unify a group of Jewish organizations and mohels, breathed a sigh of relief last night after the court decided in a temporary injunction to release the restraining order of executing the regulation enacted by the City of New York against the practice of sucking by the mouth at a circumcision. According to the regulation of the City of New York, Jewish parents have to sign a document that they are aware of the dangers involved in sucking by mouth, before the Bris.

The petition was filed with the Court by three Jewish organizations - including, Agudath Israel of America - and three mohels, and shared by all Orthodox circles in New York.

According to the decision of the City of New York, every Mohel has to make parents sign a special form before the 'sucking mouth' at a circumcision. The purpose of the new regulation, according to the city's Health Department is to prevent transmission of diseases, and is promoted by Mayor Michael Bloomberg, after it was discovered by a study that between 2004 to 2011 at least 11 babies were infected with herpes following the sucking by mouth. Two babies died and two others suffered brain damage.

Mohelim and Jewish organizations claim that the new ordinance of the municipality is "unconstitutional' and violates the freedom of religion. The lawyer of the organizations and mohels said during the hearing in court, that the research that led to the enactment is limited and full of defects. He said that it was not proved that a child was harmed as a result of the custom, and that one should not rely on this study in such a sensitive and meaningful issue. "The requirement of a Mohel to sign a consent form both parents before performing circumcision violates the U.S. Constitution," the lawyer further argued.

In contrast, the city's health commissioner said previously: "The city should protect its citizens, and it is important that parents know the risks of such proceedings."

As noted, the District Court judge in Manhattan decided by a temporary order to delay the implementation of the municipality's decision and allow the performance of the custom of sucking by mouth at a circumcision, as was the case until now. Another hearing will be held in two months.

Tuesday, the day of the hearing, was declared a day of prayer in every Talmud Torah, and Tinokos shel Beis Rabban said Tehillim for revoking the decree. Prayers were held on Sunday in Batei Midrash in NewYork. Even the Badatz Eda Hareidis called to attend the tefillos.

At a Tisch held by the Bobov Rebbe on Zos Chanukah, the Rebbe called every one of his chassidim to donate one hundred dollars for the legal expenses involved in revoking the scheme of the Jewish mayor.

It should be noted that last week a law permitting circumcision was enacted in Germany as well.

'בחדרי' גם ברשתות החברתיות - הצטרפו!