Cincinnati Board Definitely Denies Appeal for Mikvah in Exclusive Residential Area

The Zoning Board of Appeals yesterday passed a resolution in the celebrated Mikvah case in which it completely reverses its former stand of April 2 and refuses to permit the setting up of a Mikvah on Washington Avenue, between Rockdale and Forest Avenues, in an exclusive residential neighborhood inhabited by some of Cincinnati’s wealthiest and most prominent Jews.

In its resolution the Board declares:

“At the aforesaid rehearing facts, evidence and literature were introduced which were not presented at said previous hearing. This board finds, after thoroughly and carefully considering the aforesaid sections, the statements made and the facts and literature presented both at the previous hearing and the subsequent rehearing, that the code of Jewish laws, customs and regulations bearing upon personal Hebraic practice, require the use of a private or public bath, referred to as a Mikvah in said laws, and that a Mikvah is an institution devoted to observance of a religious rite, whereas a synagogue is a place of worship, the services of which do not require the use of a Mikvah, and that the use of the premises in residence districts for a quasi-public Mikvah is not necessary to conserve the public health, safety, convenience, comfort, prosperity and general welfare”.

The Mikvah was to have been built by the “Beth Tevilah Association” on property owned by the B’nai Israel Congregation. Samuel Ach, former county treasurer, and Frank Wolpa secured a rehearing of the case. Bernard Pepinsky represented the “Beth Tevilah Mikvah Association”, which fought for permission to build the Mikvah.

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