Beth
17-06-09, 05:53 PM
I thought this story was a little different from the normal stories we have here :huh:
Any views?
A BOREHAMWOOD secondary school headteacher is suing her neighbours over a security light she claims is keeping her prisoner because of her religion.
Dr Dena Coleman, 56, headteacher at Yavneh College, in Hillside Avenue, and her husband Gordon claim they cannot leave their holiday flat in Bournemouth on the Jewish Sabbath because when they do the automatic hallway light comes on.
Their religion prevents them turning on any lights or electrical items from every Friday sunset to Saturday night because it symbolises fire creation.
Jewish law prohibits any form of work on the Sabbath and there are 39 categories of prohibited activities, including not creating a fire.
The Coleman's claim their human rights are being breached and are suing the flats' management company - their neighbours - for failing to accommodate their religion.
The other 35 owners of the seaside flats are liable to pay the court costs if the claim is successful.
The couple have visited the holiday home in Bournemouth, Dorset, for six years.
The sensor lights were fitted six months ago in the communal landing area by Embassy Court Management Company to save energy and money.
Every time the couple step outside their front door of their £200,000, home the light is triggered.
They have offered to pay for a switch to disable the light sensors during the Sabbath.
But this has been rejected by the company which said it would set an "unacceptable precedent".
The Colemans sent letters to the other 35 luxury flats explaining their legal action.
The letter states: "Faced with a situation where we could never again have full use of our flat, we were left with no alternative but to seek legal advice.
"We consulted solicitors and a caseworker at the Equality and Human Rights Commission and were advised that we had a strong claim."
The couple said they would be willing to drop their court case if an override switch was installed and if the company paid their legal costs up until now, plus compensation.
The argument has sparked controversy between the other residents.
One resident, who did not want to be named, said: "It has caused quite a stir here, there have been a lot of arguments.
"There has been a meeting about it and many of the residents aren't happy.
"There's a feeling that things shouldn't be changed just to suit people in one flat when everyone else is happy with it.
"I don't think the rest of us would think twice about the lights but they're going to great lengths to get it changed so they must feel very strongly about it."
The couple said they moved into the flat in spring 2003 on the understanding that movement sensors would never be installed in communal areas.
They have now issued a county court writ against the company, saying it has discriminated against them on the grounds of religion.
The claim also accuses the company of breaching their rights under the Equality Act 2006 and Human Rights Act 1998.
Embassy Court Management Company is made up of three directors who all live in the block. The organisation represents all 36 flat owners.
In a statement, the company said it believes almost all lessees support the move to reduce electricity costs, maintenance costs and prevent heat damage light fittings and prolonging their life.
It said: "The directors further believe that almost all lessees support the installation of movement sensor controls in the hallways and have no personal problems with their installations.
"Unfortunately correspondence between directors and lessees concerned failed to resolve the dispute.
"Clearly the the Colemans felt so strongly that their rights may have been infringed that they decided to take legal action, that is their prerogative.
"A key allegation in this claim is that the movement sensors installed in the hallway discriminates against the claimants, who are orthodox Jews, on the grounds of their religion and belief.
"The lesses also allege in the claim that when they purchased their flat in the spring of 2003 it was on the basis of assurances from selling agents that that movement sensors would not be installed at Embassy Court.
The company said that although the other lessees in the block were innocent parties, they would end up paying for the company's legal costs through a service charge.
The case is due to be heard at Bournemouth County Court later this year.
http://www.borehamwoodtimes.co.uk/news/4442360.Headteacher_sues_neighbours_over_human_rig hts/
Any views?
A BOREHAMWOOD secondary school headteacher is suing her neighbours over a security light she claims is keeping her prisoner because of her religion.
Dr Dena Coleman, 56, headteacher at Yavneh College, in Hillside Avenue, and her husband Gordon claim they cannot leave their holiday flat in Bournemouth on the Jewish Sabbath because when they do the automatic hallway light comes on.
Their religion prevents them turning on any lights or electrical items from every Friday sunset to Saturday night because it symbolises fire creation.
Jewish law prohibits any form of work on the Sabbath and there are 39 categories of prohibited activities, including not creating a fire.
The Coleman's claim their human rights are being breached and are suing the flats' management company - their neighbours - for failing to accommodate their religion.
The other 35 owners of the seaside flats are liable to pay the court costs if the claim is successful.
The couple have visited the holiday home in Bournemouth, Dorset, for six years.
The sensor lights were fitted six months ago in the communal landing area by Embassy Court Management Company to save energy and money.
Every time the couple step outside their front door of their £200,000, home the light is triggered.
They have offered to pay for a switch to disable the light sensors during the Sabbath.
But this has been rejected by the company which said it would set an "unacceptable precedent".
The Colemans sent letters to the other 35 luxury flats explaining their legal action.
The letter states: "Faced with a situation where we could never again have full use of our flat, we were left with no alternative but to seek legal advice.
"We consulted solicitors and a caseworker at the Equality and Human Rights Commission and were advised that we had a strong claim."
The couple said they would be willing to drop their court case if an override switch was installed and if the company paid their legal costs up until now, plus compensation.
The argument has sparked controversy between the other residents.
One resident, who did not want to be named, said: "It has caused quite a stir here, there have been a lot of arguments.
"There has been a meeting about it and many of the residents aren't happy.
"There's a feeling that things shouldn't be changed just to suit people in one flat when everyone else is happy with it.
"I don't think the rest of us would think twice about the lights but they're going to great lengths to get it changed so they must feel very strongly about it."
The couple said they moved into the flat in spring 2003 on the understanding that movement sensors would never be installed in communal areas.
They have now issued a county court writ against the company, saying it has discriminated against them on the grounds of religion.
The claim also accuses the company of breaching their rights under the Equality Act 2006 and Human Rights Act 1998.
Embassy Court Management Company is made up of three directors who all live in the block. The organisation represents all 36 flat owners.
In a statement, the company said it believes almost all lessees support the move to reduce electricity costs, maintenance costs and prevent heat damage light fittings and prolonging their life.
It said: "The directors further believe that almost all lessees support the installation of movement sensor controls in the hallways and have no personal problems with their installations.
"Unfortunately correspondence between directors and lessees concerned failed to resolve the dispute.
"Clearly the the Colemans felt so strongly that their rights may have been infringed that they decided to take legal action, that is their prerogative.
"A key allegation in this claim is that the movement sensors installed in the hallway discriminates against the claimants, who are orthodox Jews, on the grounds of their religion and belief.
"The lesses also allege in the claim that when they purchased their flat in the spring of 2003 it was on the basis of assurances from selling agents that that movement sensors would not be installed at Embassy Court.
The company said that although the other lessees in the block were innocent parties, they would end up paying for the company's legal costs through a service charge.
The case is due to be heard at Bournemouth County Court later this year.
http://www.borehamwoodtimes.co.uk/news/4442360.Headteacher_sues_neighbours_over_human_rig hts/