Let There Be Light...Not

By Erica Morris - Thursday 18th June 2009


The Head teacher of Yavneh College has won the right to observe Shabbat on holiday, after threatening legal action over an automatic light system at a block of flats in Bournemouth that switched on when it sensed movement and rendered her and her husband virtual prisoners on the day of rest.

The lights, fitted six months ago at Embassy Court, where Dena and Gordon Coleman own an apartment, was installed to cut down on energy costs. But the device was triggered when they entered communal parts of the block, forcing them - as Orthodox Jews - to choose between staying in their flat or breaking Shabbat.

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Though the Colemans offered to pay for an override system that would allow the lights to be turned off and on manually on Friday nights and Saturdays, the suggestion was originally turned down by the building's directors, all three of whom are residents in the complex.

The Colemans, who said they purchased the flat in 2003 under the assurance that the automatic lights would not be installed in common areas of the building, issued a county court writ claiming discrimination based on religion, and accusing the Embassy Court Management Company of breaching rights under the Equality Act 2006 and Human Rights Act 1998. In a letter to the owners of the other flats, the Colemans wrote: "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 management company said in response: "The directors believe that almost all lessees at Embassy Court support the actions taken by the management company to reduce communal lighting costs."

One resident, who did not want to be named, said residents "aren't happy", adding: "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."

Now, however, the directors have reportedly agreed to the installation of an override switch, a decision the Colemans' solicitor said in a statement was a "cheap and simple solution that the Colemans have been seeking all along", adding: "The Colemans have always said that they would pay for the installation of the switch and any additional electricity used, so that there would be no cost to other lessees.

"The Colemans are now waiting for the directors to inform them formally of this decision and to put forward proposals that will enable the court proceedings to be concluded. The Colemans only resorted to legal action as a last resort, having exhausted other avenues."

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