(Illustration)
Photo: Joe Kott
Bedouin family denied entry to pool compensated
Court orders operator of municipal swimming pool in Ofakim to pay fine of NIS 10,000 for not allowing family to enter place, claiming mother's veil would 'drive customers away'
The Beersheba Magistrate's Court on Monday ordered the operator of a municipal swimming pool in the southern city of Ofakim to pay a Bedouin family NIS 10,000 (roughly $2,560) in compensation for not allowing the family members to enter the pool
about two years ago, claiming that the mother's veil would "drive customers away".
The Malahi couple of Rahat arrived at the Ofakim swimming poll with their three children in August 2007. The father, Kayed Malahi, had already paid the entry fee and the children were about to jump into the water, when the pool owner, Zion Peretz, informed them that they would have to leave unless the mother removed her veil.
Initially, the family had demanded a higher compensation of NIS 500,000 ($128,000).
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Peretz suggested that the family return at a later hour, but they refused and left.
The Malahi family filed a lawsuit against the Ofakim Municipality, the Ofakim Development Company and Peretz himself for discrimination based on race, religion and nationality – and won.
Judge Iddo Rusin ruled that Peretz's behavior had hurt and insulted the family in a significant manner. Peretz admitted during the trial that he did not let the mother enter, but said that this was because religious people – a rabbi and his six children – were swimming in the pool and he had promised them not to let women enter the place.
The judge also said it was unreasonable for the municipal pool to be empty in the height of the summer holiday and that there was no room to close the pool for the rabbi's family.
The court ruled, however, that the Ofakim Municipality and the city's development company were not responsible for the incident, and ordered the plaintiffs to pay them NIS 3,000 ($769) in fees and trial expenses.
