Preserve The Legacy

Frequently Asked Questions:

Answers:

How can you oppose such a wonderful institution as the Museum of Tolerance?

We support the mission of the Museum of Tolerance. The overwhelming majority of the residents of the neighborhood surrounding the Museum are Jewish. Many are long-time members of the Museum, and several are Holocaust survivors or the children of men and women who died in the Holocaust. No one wants to be fighting the Simon Wiesenthal Center. But it is very clear that the proposed expansion is not for real museum purposes.

In fact, the SWC is finally admitting that it is “repositioning” the museum as a “cultural center”, and only 435 sq. ft., less than 2% of the added floor area, is designated for actual exhibition space. We are not opposed to the Museum of Tolerance. We are opposed to turning it into a cultural center and having late night parties with drinking, singing and dancing on the site of what is now both a memorial to the victims of the Holocaust and a very necessary “buffer zone” to protect the immediately adjacent quiet residential neighborhood.

Can you win against Rabbi Marvin Hier? ("most influential rabbi in America" - Newsweek magazine 2008)

It won’t be easy, but we hope that Rabbi Hier will read your comments on the petition and realize that Jewish people do not want to hold their simchas and joyous occasions in a Holocaust museum, or in a building constructed on land that was dedicated as a memorial to the victims of the Holocaust. Instead of being a means to raise revenue, the proposed “cultural center” will be a financial disaster for the Wiesenthal Center. To paraphrase that famous line from the movie Field of Dreams: “If he builds it, they will NOT come.”

Isn’t this just a waste of time and money?

We recognize that winning at the administrative level (i.e., the City Planning Commission and the City Council) will be difficult. Jack Weiss is the City Councilman for Council District 5, in which the Museum is located, and Weiss is very close not only to Rabbi Hier but also to some of the very wealthy members of the SWC’s Board of Directors (several of whom have contributed to Weiss’ election campaigns). To read more about Councilman Weiss, see www.RecallJackWeiss.com.  However, we think we have a good chance to win in court, where the process is not tainted by politics, and that is why it is so essential to start raising money now for our legal defense fund.

Why did you hire lawyers now, when it will be many months before you can file a lawsuit?

Under CEQA (the California Environmental Quality Act), one has to go through the entire administrative process (i.e., “exhaust one’s administrative remedies”) before one can bring a lawsuit. This process involves review and a hearing by the City Planning Commission, and then either side can appeal the Commission’s decision to the full Los Angeles City Council. However, under CEQA, a plaintiff cannot raise any issues in court that were not raised during the administrative process, in the comments to the Initial Study, Draft EIR and Final EIR. Thus, it is essential to have our lawyers involved from the earliest stages of the administrative process, to make sure that no issue is overlooked.

Other museums, such as the Skirball Center and the Armand Hammer Museum have “cultural centers” and rent out facilities for private functions and catered events. Why is this any different?

The Museum of Tolerance is the only museum situated immediately adjacent to a quiet residential neighborhood. These homes were there for more than 40 years before the Museum was built, and many of the residents are the original owners, who purchased their homes shortly after WW II. They are now elderly, and many of the homeowners who live closest to the Museum have very serious health problems. The proposed expansion would put a 110,000 + sq. ft. building only 20 feet away from the property line of the modest-sized single-family home next door, and directly across the street from several even smaller single-family homes. The proposed plan includes an open-air rooftop “sculpture” garden designed to hold 500 people for an event that could last until midnight. The SWC also proposes to place an outdoor dining patio for its new restaurant directly in the line of sight of the three small homes across the street.

The land on which the SWC proposes to build is zoned R1-1, which means that it is for zoned for single-family homes not more than 33 feet high. In order to build, the SWC must obtain a change in the zoning, a variance from the height ordinance and an amendment to the City’s General Plan. These are very extreme measures, which illustrate just how inappropriate this development is. The SWC anticipates a two year construction period, and the noise and dirt from such heavy construction will make daily life unbearable for the many elderly and ill residents, who are home all day and will not be able to have any peace and quiet. This is but one of many reasons why the City’s zoning laws prohibit such massive commercial developments in residential neighborhoods.

Every other major museum in Los Angeles is located in an appropriate setting - - either in a very commercial neighborhood of high-rise development (LACMA, MOCA, the Hammer), or in a park-like setting (Skirball, Autry, the Norton Simon), and all such other museums are in locations that are far more freeway-accessible; people attending museum events do not have to drive through quiet residential neighborhoods to get to the freeway. In addition, the Museum of Tolerance proposes to be open from 7:00 AM to MIDNIGHT, far more hours than any other museum in Los Angeles, adding to traffic congestion in an already extremely congested traffic corridor. And let us not forget that unlike any other major museum in Los Angeles, the Museum of Tolerance is dedicated to teaching visitors about the HOLOCAUST. Neither Yad Vashem in Israel nor the U.S. Holocaust Museum in Washington, D.C. rent their facilities out for parties.

Why do you think the Simon Wiesenthal Center is pushing so hard for this expansion?

We can only speculate. We do not understand why the SWC doesn’t raise money like any other non-profit institution, i.e., by launching a major capital campaign (it already has many extremely wealthy donors), working to expand its membership / donor base, and reducing administrative costs (starting with the very high salaries paid to several SWC executives). The SWC claims that it is “bursting at the seams” and needs more space. But then why is less than 2% of the new space specifically designated as museum exhibition space?

The SWC also claims that it needs the added revenue to be derived from renting the "cultural center" out for parties, in order to subsidize its educational programs. However, we believe that the SWC needs this revenue to help pay the $200 MILLION cost of the Jerusalem Center for Human Dignity and Museum of Tolerance, which has been tied up in litigation in the Israeli Supreme Court for three years (with well over $1 MILLION spent on the SWC's attorneys' fees) . In addition, the new Los Angeles Museum of the Holocaust broke ground in January 2008 and is scheduled to open in 2010 - - just about the time the Museum of Tolerance "cultural center" would open. We believe that the Simon Wiesenthal Center, anticipating a decline in Museum of Tolerance visitors after the new Holocaust museum opens, is planning this commercial banquet hall venture as a way to protect itself against the inevitable decline in revenues derived from museum admissions, at the expense of the long-suffering neighborhood residents.

Isn’t this nothing more than a “NIMBY” (“not in my back yard”) local zoning issue?

Absolutely not! What the SWC is doing should offend the Jewish community throughout the world, and we hope that people from all corners of the world will sign the petition on this website. The Beit HaShoah (House of the Holocaust) is a world-renowned Holocaust museum and center for Holocaust studies, and it should not be associated with a place that anyone can rent out for parties, where alcohol is served and people will frolic late into the evening. Also, for anyone who cares about the quality of residential life in Los Angeles, the extraordinary relief that the SWC is seeking from City zoning laws, height and other ordinances, and the land use descriptions in the City’s General Plan, will, if granted, set a terrible precedent for everyone who lives in Los Angeles.

What are you going to do with the money people donate?

All contributions are deposited directly into the bank account for H.O.M.E.’s* legal defense fund and will be used to pay legal fees, related and necessary legal costs, and possibly the cost of studies (e.g., parking, traffic, acoustical, etc.) which may be required in order to challenge the findings of studies prepared by the consultants hired by the SWC. Once there is enough money in the account to cover anticipated legal and related fees, we may use some of any additional money we raise in order to hire a lobbyist and/or to conduct a campaign to raise awareness of these issues. But for now, we are relying on YOUR help to get the word out by sending a link to this website to everyone you know, and urging them to sign the petition, write a letter, and make a contribution.
** H.O.M.E. is the acronym for Homeowners Opposed to Museum Expansion, which has formed the organization “Preserve the Legacy.”

What if you collect more money than you need?

If the L.A. Department of City Planning decides to reject the Museum expansion project early on, or if Rabbi Hier has a change of heart and decides not to proceed with the project, and we therefore don’t need to use all of the money raised, we will refund to you a pro-rata share (taking into account the amount already spent, the total amount of all donations, and the amount of your donation), provided that we have your name and address (so that we know where to send you the check). Accordingly, we will not be able to provide refunds to people who donate by credit card, since the information that you provide when paying by credit card is completely private and secure, so we do not have access to that information

If any money remains in the account after this matter is resolved, which cannot be reimbursed to the donors, H.O.M.E.’s advisory board will decide upon an appropriate Jewish charity or charities to which such monies will be donated.

Is my donation tax-deductible?

You should ask your own tax advisor. However, neither H.O.M.E. nor Preserve the Legacy is currently set up as a non-profit (501(c)(3)) corporation. It is expensive to set up and maintain a 501(c)(3) corporation and to pay an attorney and accountant to do the necessary annual filings. Right now, we need to use all the money we raise for our Legal Defense Fund. Therefore, even though your contribution is for a very good and charitable cause, it probably is not deductible at the present time. Should we decide at a later point to set up a 501(c)(3) corporation, we will post that information on this website.

Why do I need to give my address and e-mail address when I sign the petition?

This is required by ThePetitionSite.com only to verify a signature if necessary. No one, including the author of the petition, will have access to your e-mail address, street address or telephone number. For further information about the petition, see: http://www.thepetitionsite.com/petitionfaqs.html

Can more than one person from a household sign the petition?

Absolutely, and we strongly encourage as many people as possible to sign it. However, in order to prevent one person from signing it many times under different names (and thus ensure the validity of the petition), the on-line system that we are using will block multiple signatures from an individual account.

If more than one person is signing from a single computer, you may see a note that says "Oops! Hi John Doe! Our records indicate you have already signed this petition. If you are not John Doe, please click here to sign the petition." Click on that link, to enable another person sharing your computer to sign. Even if no one else uses your computer, you may still see that message if the link you clicked to view the petition was forwarded to you by someone who copied the url of the page after signing the petition. In this case, the database may think you have already signed. As noted above, just click the link to sign the petition. For further information about the petition, see: http://www.thepetitionsite.com/petitionfaqs.html

If you have a question that you would like to see answered in these FAQ’s, please send it to preservethelegacy@sbcglobal.net

©2009 H.O.M.E