The couple is NOT normal. Tens of thousands of Orthodox Jews live in apartment buildings or on streets that have lights with automatic sensors, that can’t be avoided, when they leave the place they live.

DO THEY ALL SUE?

“On Shabbos one may not act in a way that will automatically produce a desired result that violates Shabbos. Completing a circuit to turn on a light is a violation of Shabbos.”

The second sentence contradicts the first.
The second sentence should be: Completing a circuit when the desired result is to turn on a light is a violation of Shabbos.

If the couples electricity trips and they walk outside, to activate the light, so they can read a book – that is mechalel shabbos.

If they walk outside their apartment to walk to shul and the light happens to turn on – its not mechalel shabbos.

There are times when due to Halacha we do things which might annoy outside society and we should do whatever Halacha demands, regardless of the consequences. But why annoy the rest of society when its not demanded by Halacha?
That’s just insensitive and is EXACTLY the type of thing that leads to dislike of Jews.

The way those snobby, stuck-up Jews acted is DISGUSTING and reflects poorly on the whole Jewish community. Thank G-d the vast majority of Torah observant Jews act differently. And thank G-d there are many Torah observant Jews who speak out against such behavior.
That is the point Rabbonim SHOULD be making.

Yes, they may have a valid lawsuit.

Yes, they did offer to settle.

I still don’t like orthodox Jews suing because they choose to follow halacha.

If they came to the building and this light was existing, they would have no case. But installing this motion detector light infringes on their basic religious right to walk in the hallway without having to compromise their halachic beliefs. Also they did offer to settle the issue at their own expense by going back to old lighting system.

Number two. I don’t advocate suing based on halacha unless one is being deprived an unalienable right.

Nuisance is a legal interference with use of one’s property.

On the legal aspect, I still don’t understand you at all: It’s been a while since I’ve studied English property law, but as far as I can tell, if a neighbour does something that compromises my normal use of my property, that constitutes a prima facie case of nuisance.

I’m not addressing whether or not there are leniencies in hilchos Shabbes, and indeed, if I were defending the building management I’d go out and find them all, but is it appropriate for the couple to sue? I think yes.

But it is a matter of opinion, not rooted in halacha.

I have no problem being pushed around on minor things like motion sensing lights. Call me “soft”, I am more concerned about chillul hashem than proprietary rights based on halacha.

If the suit was ONLY about breach of contract and they were promised X and they got Y it would be different. But they are saying their rights are being infringed upon by motion sensing lights.

I don’t think this is correct. One does not forfeit proprietary rights simply because the “offender” is not religious or not Jewish.

I also don’t think that a policy of waiving rights as an attempt to be innocuous sets a good precedent, as it encourages others to be less sensitive to proprietary rights in general, and those of our brethren in particular.

Alas, that is not the case. We are guests on a foreign land with foreign rules. Would you sue someone because their food is unkosher?

The building owner is not bound by halacha so using your religion as basis for a suit is just asking for trouble. If there was an unalienable right that was being deprived I would agree a suit may be necessary.

Look, I did not say, they have no right to sue or that they are wrong for suing. I said I think they shouldn’t sue. The potential for misunderstanding halacha and the ensuing chillul hashem is too great.

I think frum Jews should be as innocuous as possible. Unless you are certain to make a kiddush hashem, then be visible.

But truthfully, it is just this one writer, they have a big staff and this guy is usually lame anyway.

Those are not the times to sue because you have been made uncomfortable in your adherence to halacha.

There may be great merit to the lawsuit. I find that all irrelevant. I think, avoiding a legal brouhaha over halacha is more important than the principle of who is right and who is wrong in this situation.

I do not understand your position at all! There is an entire section of Shulchan Aruch that does insist that a person’s proprietary rights are worthy of fighting for, when compromised by various sorts of mischief.

That mischief may be something as subtle as a neighbour’s prying eyes, or a bad smell being produced by a neighbour’s activities. Why should a “halachic” nuisance be any less actionable?

And how can you propose a blanket policy of waiving your own proprietary rights in the face of these kinds of challenges? You may want to go lifnim mishuras hadin for yourself, although I don’t see the merit personally, but to suggest that you’d advise this to others doesn’t sit well with me from a choshen mishpat perspective.

What am I missing?

I’d like to hear your response…

Do you have the link from your blog?