Officials Say Illegal Daycare Shuttered: 'I Don't Know What These People Were Thinking'

NEW CITY, NY — Town officials say an illegal daycare in the Town of Clarkstown has been shuttered over blatant zoning and safety violations, but the operators of the daycare say it is unquestionably legally permissible, calling the town's actions an attack on religious freedom rights.

In a Town of Clarkstown press conference on Wednesday, officials did not mince words.

"We're here today because over 70 children's lives were put at severe risk," Clarkstown Supervisor George Hoehmann said. "Frankly, they were saved earlier this week. The Town of Clarkstown discovered an illegally operating daycare with infants sleeping in a nightmarish, hellish conditions in imminent risk of danger, and perhaps critical injury or death. Children as young as the age of 3 months were apparently sleeping, perhaps 30 of them, in a basement that was unfinished."

Hoehmann said the daycare is shuttered, and the town is now pursuing civil, criminal and administrative remedies with the county and state to end the "egregious conditions."

The town supervisor urged parents to be aware at all times when dropping off children, and to make certain children are not at risk.

"Always look, listen, and act," Hoehmann said. "Let me repeat that. Look, listen, and act. Protecting our children is our most critical duty as parents and as government officials. And a reminder to all the residents and visitors to Clarkstown. If you see something that's concerning, please report it immediately via our 311 app, or via the supervisor's office at 845-639-2050."

He added that anonymous tips led to this investigation and the quick enforcement action.

Officials said that over the past few weeks, it became apparent there was a daycare that was operating illegally on Maple Avenue in New City and complaints were received by the town.

Investigations found that there was a likelihood of an illegally operating daycare facility, according to the town, who sent code enforcement officers and building inspectors to gain access to the facility. Those inspectors were initially denied, according to the supervisor, and they eventually returned with a warrant.

Inspectors gained access after obtaining a search warrant in Clarkstown Justice Court on July 7.

There were at least 69 children between the ages of 3 months and 5 years, and 21 adults that were occupying the space as an illegal daycare, according to the town supervisor.

"They were also using the site as a U-Haul rental storage facility," Hoehmann told reporters. "Which again, those are just two uses that are incompatible, which was a violation of zoning of the Town of Clarkstown, also the fire codes of the Town of Clarkstown, and building and construction codes of the Town of Clarkstown, as well as the State of New York Uniform Fire Prevention and Building codes. They violated Town Code 143-91 by storing flammable liquid, such as paint cans, and gasoline cans and propane cylinders in the basement of 96 Maple Avenue, where up to 30 cribs were in place, and children were sleeping."

Hoehmann said 30 Pack 'n Play cribs with sheets and blankets, along with a changing table were found in this "non-habitable space." He said the operation posed a "critical fire risk."

"The building is dangerous to the public health safety and welfare of residents, first responders and children, in particularly the children themselves," Hoehmann said. "Again, we had children attending this illegal daycare as young as 3 months. This was a critical risk and a potential loss of innocent lives could have resulted."

"I don't know what these people were thinking," the town supervisor added.

Town officials notified the Office of Children and Family Services and CPS. Clarkstown has also filed a temporary restraining order and is seeking a preliminary injunction in NYS Supreme Court.

"Since the Department of Social Services is tasked with monitoring the safety of our children, we are pleased to see that the town of Clarkstown's vigilance supports our shared mission," Monica Kastner, Acting Commissioner of Rockland County's Department of Social Services, said. "Although I am not at liberty to discuss the particulars or details of the situation for confidentiality purposes, and to protect the privacy of the children and families involved, the Department of Social Services is pleased with the town's actions to close the facility and operation that was deemed unsafe for children."

Attorneys for the congregation that operated the facility told the judge in a letter, that rather than being an illegal facility, the daycare falls under widely accepted exemptions for religious organizations.

"The Defendant Congregation is a House of Worship and has a Certificate of Occupancy confirming the same," lawyers wrote. "As a House of Worship, it conducts religious services, religious education, and daycare outreach ministries (like any other Christian Church of Jewish Congregation). It is not a commercial daycare center."

The daycare's lawyers said the town's entire complaint is founded on wrong assumptions about a religious daycare.

"Daycares within religious schools are treated differently under the State daycare regulations," the legal team told the judge. "A religious daycare, religious education, and/or religious schools are considered ministries or outreaches of a religious corporation. This Congregation is a New York Religious Corporation. Typically, many Orthodox daycares and schools are affiliated with a Congregation."

In this case, the lawyers said, Congregation Morah Chany is a Religious Corporation formed under the New York Religious Corporation Law.

"But a Congregation is much more than a house of worship," the attorneys told the court. "It can be a Shul for worship on Shabbos. But it can also have outreach ministries like a school, a childcare, a daycare, a camp and so forth... A New York childcare license is not required for a religious daycare center if the organization running the center is a religious entity such as a Jewish congregation or a church or mosque. Of course, religious daycare centers can choose to become licensed for broader activities as a commercial daycare."

The congregation said that the town's request for a temporary restraining order is not only improper, but also violates First Amendment religious freedom rights.