The Jerusalem Municipality filed an appeal with Israel's Supreme Court on Thursday against a Jerusalem District Court ruling that struck down the city's enforcement procedure at the Mahane Yehuda market and significantly limited its powers there.
Jerusalem Market Noise Dispute
Jerusalem Appeals Mahane Yehuda Ruling
The city is challenging a district court decision that bars it from confiscating loudspeakers at the market and finds the area is not residential.
Among other things, the district court ruling removed the city's ability to confiscate loudspeakers and sound amplification equipment, and determined that Mahane Yehuda is not a residential area.
In its appeal, the municipality is asking the Supreme Court to reexamine the legal questions surrounding its supervision and enforcement powers at the market. In particular, it wants the area recognized as residential so that the municipal bylaw on noise prevention applies there. It is also seeking to keep the option of confiscating equipment in cases where doing so is permitted and justified by law.
The municipality stressed that Mahane Yehuda is one of Jerusalem's main centers of commerce, tourism, culture and nightlife. Alongside the business activity, however, residents live in the area and are entitled to quality of life and quiet, the city said. It argued that the needs of business owners must be balanced against the rights of residents and the wider public, while maintaining public order, safety and accessibility.
The city said it does not seek to harm the livelihoods of business owners or burden their operations, but rather to preserve the legal tools needed for supervision and enforcement. According to the municipality, those powers would be used only in appropriate cases, depending on the circumstances, and with professional and proportionate discretion.
The municipality said it respects the district court's ruling and will comply with its instructions. However, it believes the questions of principle involved require a decision by the Supreme Court to ensure it can meet its obligations to residents, business owners and visitors to the market.
