What does the public think of operating local businesses on Shabbat?

The Knesset's pending vote on the Convenience Store Bill

Hiddush sent all members of the Knesset the following report in advance of the Knesset vote on operating convenience stores on Shabbat in Israel. What does the public think of the Government's acquiescence to the ultra-Orthodox parties' demands to use legislative and policy channels in order to pass a law against operating local businesses on Shabbat?

02/01/2017 10:46

Tags: Shabbat ·  Arye Deri ·  convenience stores ·  Knesset

A convenience store, source: Wikipedia

Next week the Knesset is expected to vote on the highly contentious “Markets’ Bill”, which is intended to further empower Rabbi Deri, Minister of Interior and leader of Shas, to nullify municipal ordinances that allow the opening of some markets and convenience stores on Shabbat. This comes after a protracted public and political debate, following a Supreme Court ruling that upheld the Tel Aviv municipal ordinance permitting the opening of a limited number of such stores in prescribed locations on Shabbat, much to the chagrin of the ultra-Orthodox parties. Deri and his Ashkenazi counterparts have threatened to bring down the government if the law is not amended in order to block such violations of the religious Shabbat laws.

Hiddush sent all members of the Knesset a strong message relating to the continued surrender of the country’s political leadership to the whims, threats and theocratic pressures of the ultra-Orthodox parties, against both public interest and will. We outlined a number of compelling findings of public opinion surveys we conducted on multiple aspects of Sabbath legislation and policies (for details see below). Some of our findings were quoted at the special hearing held last week in the Knesset’s Internal Affairs Committee.

The public outcry as well as strong reservations expressed by Minister of Defense Lieberman and others from his Yisrael Beitenu party (of Jews from the FSU) and a handful of other MKs from the Coalition, and the realization that such legislation is quickly translated into increased popular support for the Yesh Atid opposition party (which is identified with a religious freedom agenda) brought about some second thoughts on the part of Likud leaders. They also saw with concern a rapid response by a number of City Councils that rushed into passing new ordinances allowing for stores to be opened on Sabbath, and realized that there will be a political price to be paid for the pending Knesset legislation later this year when municipal elections will be held throughout the county

Sensing the political fallout, ahead of a vote at the Committee, coalition and committee chairman MK David Amsalem (Likud) submitted three new reservations to the bill: It would serve as a temporary provision and be limited to five years; it would not apply to free trade areas (specifically the tax-free city of Eilat); and it would not include convenience stores at gas stations.

The committee voted to adopt two of Amsalem's reservations to exclude convenience stores at gas stations and in Eilat from the bill. It then approved the bill for a Knesset vote. But hours later, the previous version of the legislation—which does include convenience stores under the bill's purview—was approved after objections and pressure from the ulta-Orthodox parties. Amsalem et al demand that the Committee vote again on these reservations, while ultra-Orthodox MK Eichler is protesting to make the Bill retroactive so that it would apply also to the Tel Aviv stores operating on Shabbat, which were “legitimized” by the Court. What the future holds in store remains to be see, but clearly the next few days are going to generate great political heat, in clear contrast to the plummeting temperatures outside.

The issues surrounding Shabbat in Israel's public sphere are indeed complex and worthy of serious public discourse. Shaping of a new policy is indeed necessary, but this is not what is being proposed at this time. Rather, this is a Pavlovian surrender by the Government Coalition, which avoids dealing with the complex issue of Shabbat on their merits, but is primarily motivated by its concern over the continued support of the ultra-Orthodox parties for the narrow Coalition.

Those Knesset members who vote in favor of the “Markets’ Bill”, who recently voted to include “Jewish Tradition” as an independent consideration for refusing work permits on Shabbat according to the Hours of Work and Rest Law, who seek to block the essential maintenance work of Israel's railways and prevent public transportation on the Sabbath, etc., etc. - are acting against the will of the great majority of the public and against the will of their own voters.

It is clear that social and moral considerations are not guiding the Government's legislative and policy initiatives on Shabbat. Rather, the Government is bowing to pressure from Israel's ultra-Orthodox political parties, which aspire to turn Israel into a theocracy! Laws motivated by this dangerous approach undermine the State of Israel, erode civil liberties, and erode the public's trust in the democratic process.

The Hiddush report, sent to all Knesset members last week, highlights the views of the Jewish Israeli public. The conclusion is clear: Those Knesset members who vote in favor of the “Markets’ Bill”, who recently voted to include “Jewish Tradition” as an independent consideration for refusing work permits on Shabbat according to the Hours of Work and Rest Law, who seek to block the essential maintenance work of Israel's railways and prevent public transportation on the Sabbath, etc., etc. - are acting against the will of the great majority of the public and against the will of their own voters.

SURVEY: The public's position (May 2017) on who should have the authority to determine which business may operate on Shabbat: The local authority, or Minister Deri (Shas party leader), or a non-religious minister who supports the High Court of Justice's ruling to approved Tel Aviv's shabbat ordinances.

The first question was: "Which of the following three bodies should have the authority to approve municipal ordinances on opening businesses on Shabbat?"

71% of the Jewish Israeli public supports decisions on Sabbath being authorized by the local authorities, not by the Minister of the Interior [16%], and not even by the Prime Minister or by another non-religious minister [13%]. Most of Government Coalition voters support this - 62% of Likud voters, 69% of Kulanu voters, 73% of Yisrael Beiteinu voters, and even 51% of Jewish Home voters support having such decisions approved by the local authorities, not by the Minister of the Interior.

The second question was: "Following a High Court of Justice ruling that approved the Tel Aviv Municipality's ordinance regarding the opening of three commercial areas on Shabbat and a limited number of convenience stores in other parts of the city (~160, rather than the ~300 operating today), the ultra-Orthodox political parties are demanding the enactment of a law that will overturn the Court's ruling and prevent the opening of businesses, even on a limited scale, at the discretion of local authorities. Which of the following positions do you support? The High Court of Justice ruling that approved the municipal bylaws or the demand of the ultra-Orthodox parties to enact a law to reverse the High Court of Justice's ruling."

73% of the Jewish public in Israel supports the ruling of the High Court of Justice, which approved the municipal ordinance of Tel Aviv regarding the opening of businesses on Shabbat. This includes 97% of secular Jews, 72% of Tel Aviv residents, and a majority of voters for the civilian parties in the coalition - 63% of Likud voters, 87% of Kulanu voters, 100% of Yisrael Beiteinu voters, and 42% of the Jewish Home voters.

SURVEY: The public's attitudes (December 2017) to the demands of the ultra-Orthodox parties regarding Shabbat

The question was: "There is an intense battle in the political and public arena over Shabbat. The ultra-Orthodox parties are initiating initiatives to prevent commercial activity, maintenance and transportation on Shabbat, and they demand the authority to stop even the limited activities currently taking place (such as the Convenience Store Law that passed its first reading in the Knesset). What is your position on this battle?"

72% of the adult Jewish public in Israel opposes the position of the ultra-Orthodox political parties and supports permitting a variety of activities on Shabbat, while creating a balance between the observance of a weekly day of rest and the protection of the rights of those who observe Shabbat - and freedom of choice and freedom of religion. This position is shared by 95% of secular Jews and most of the non-Haredi coalition voters for the Knesset: 71% of Likud voters, 77% of Kulanu voters, 96% of Yisrael Beiteinu voters, and 47% of the Jewish Home voters. 100% of United Torah Judaism voters and 97% of Shas voters oppose this. Support among opposition party voters: 98% of the Zionist Union voters, 94% of Yesh Atid voters, and 100% of Meretz voters.

SURVEY: The public's positions (November 2017) on railway maintenance work on Shabbat

The question was: "There is controversy over maintenance work on Israel's railways on Shabbat. Which of the following positions are acceptable to you: To allow a limited amount of maintenance work on Shabbat required for safety purposes and to prevent serious damage to rail service on weekdays; or no compromise on the sanctity of Shabbat and a complete cessation of the maintenance work on Shabbat, even if this harms the general public."

71% of the adult Jewish public in Israel supports the position that a limited amount of Sabbath maintenance should be allowed for safety purposes and in order to prevent serious damage to the train service on weekdays. This position is shared by 90% of secular Jews and most of the non-Haredi coalition parties to the Knesset - 65% of Likud voters, 87% of Kulanu voters, 80% of Yisrael Beiteinu voters, and 64% of the Jewish Home voters. 92% of United Torah Judaism voters and 77% of Shas voters oppose this. Support among opposition party voters: 98% of the voters in the Zionist Union, 93% of Yesh Atid, and 95% of Meretz voters.

SURVEY: The public's attitudes (July 2017) towards public transportation on Shabbat

The question was: "The public is debating whether public transportation should be operated on Shabbat. What alternative should the government implement?"

73% of the Jewish public in Israel supports full or limited public transportation on Saturdays and holidays. 45% supports the operation of public transportation "On a limited scale along central bus lines and at a lower frequency, perhaps in service taxis," and 28% support the use of "full-scale public transportation as on weekdays." Hiddush has been surveying the public on this matter systematically since 2010. Since then, there has been a consistent rise in public support for public transportation on the Sabbath: From 58% in 2010, to 63% in the 2011 Index, to 70% in 2014, to 73% in the 2016 Index and in the summer of 2017.

Among voters for the civilian coalition parties, public transportation is supported on a partial or full scale: 70% of Likud voters, Kulanu - 82%, Yisrael Beiteinu - 93%, Jewish Home - 55%. Among the voters for the ultra-Orthodox parties, 97% of Shas voters and 93% of United Torah Judaism voters expressed their opposition. The voters for the opposition parties clearly support the operation of public transport on the Sabbath: The Zionist Union - 97%, Yesh Atid - 97%, and Meretz - 100%.