The Bat Yam Magistrates Court has rejected a lawsuit filed against an apartment owner who refused to rent her property to a pair of lesbian women, Globes reported.
In its ruling, the court said that since the judges in the Supreme Court were divided on whether an apartment is considered a "product" under the Law Forbidding Discrimination in Products, Services, and Entry to Public Spaces and Spaces of Entertainment, there are no grounds for suing the apartment owner under this law.
The suit also claimed the apartment owner violated Basic Law: A Person's Freedom and Respect. This claim as well was rejected by the court, since the case deals with the relationship between one private individual and another.
The would-be renter, Vicky Ben-Yaakov, turned to the apartment owner after seeing a notice on the Yad2 website. After noting that she intended to live in the apartment with her female partner, the owner asked, "Are you sisters or roommates?"
Ben-Yaakov: "Yes, yes."
Apartment owner: "What yes? Are you roommates or sisters?"
Ben-Yaakov: "Why?"
Apartment owner: "This is a very religious neighborhood."
Ben-Yaakov: "So we're friends. What does it matter. We live here and we are looking."
Apartment owner: "Sweetiepie, my sweetiepie. I will not rent it out."
Ben-Yaakov: "We will take you to Adva Dadon (a reporter -ed.). I will not tolerate such racism."
Ben-Yaakov claimed that the apartment owner's refusal to rent the apartment to them is considered harassment on the basis of sexual orientation and harm to the basic rights set in Basic Law: A Person's Freedom and Respect, as well as discrimination forbidden under the Law Forbidding Discrimination in Products, Services, and Entry to Public Spaces and Spaces of Entertainment.
For her part, the apartment owner claimed that every person has a right to do with their property "however they wish." According to her, not renting the apartment to Ben-Yaakov in this case is not inappropriate, since the right of ownership of the property includes the right not to rent the property out, and this right is protected under the Basic Law.
The court, as noted, accepted the apartment owner's claim and rejected the lawsuit.