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State Not Backing Down In Fight Over Kosher Meals For Inmates
May 22, 2014
Florida corrections officials and the federal government fired the latest salvos this week in a drawn-out battle over whether the state is required to serve kosher meals to inmates.
The Department of Corrections and the U.S. Department of Justice filed motions for summary judgment in the federal court case, with arguments centering on the federal “Religious Land Use and Institutionalized Persons Act” law.
The law, which went into effect in 2000, prohibits the state from imposing a “substantial burden” on an inmate’s religious exercise, unless it can prove that the restriction furthers a “compelling government interest” and is “the least restrictive means” of furthering that interest.
The Justice Department sued the state over the kosher meals almost two years ago in the latest part of a decade-long court battle concerning the religious diets. In December, U.S. District Judge Patricia Seitz gave the agency until July 1 to offer kosher meals to “all prisoners with a sincere religious basis for keeping kosher.”
The state had argued that providing kosher meals is prohibitively expensive and poses a security risk because inmates would have to be transferred to facilities that either had kosher kitchens or that served the meals. Seitz rejected those arguments in her December ruling.
In a brief filed Monday, lawyers for the Department of Corrections argued that the law allows Florida to scrap the kosher meals because of the financial burden placed on the “cash-strapped agency.” The state has spent more than $200,000 on the lawsuit so far.
Congress intended the federal law “to be applied with great sensitivity to a state’s limited resources and the need to control its costs,” Florida Assistant Attorney General Lisa Kuhlman Tietig wrote.
But Justice Department lawyers argued that the state is required to provide the meals “to protect the religious freedom of prisoners” and can afford to do so.
“Defendants’ ability to pay for religious diets is further highlighted by their expenditures on a variety of pro-social programs. … Many of these programs, including plumbing technology courses, are not legally required,” the lawyers wrote.
The state and the Justice Department are also at odds on how much it will cost to feed prisoners who sign up for the religious meals, an option not only for Jewish prisoners, but for Muslim and Seventh-Day Adventists, whose religions also prescribe dietary restrictions.
About 8,400 of the state’s approximately 100,000 inmates have signed up for the meals and will cost the state an extra $21 million, or the equivalent of 420 workers, according to the corrections department, which ran a $45 million budget deficit last year.
“Bills must be paid. Money must be found to pay them. Sometimes, paying them means foregoing other costs. In the case of a court, that might mean foregoing Westlaw time or salaries for marshals or law clerks. For a prison system, it might mean roofs for prisons and salaries for security staff,” Tietig wrote.
But lawyers for the Justice Department argued that agency has inflated the costs, saying that the current participation rate will likely decline because the “Cadillac” hot boxed-meal plan originally offered was recently replaced by cold meals. Corrections officials introduced a revised diet consisting primarily of peanut butter, sardines and cabbage in March. This month, the agency asked Seitz to give them an extra year to offer the meals at all prisons.
After an initial surge in those seeking the religious diet abates, Florida’s participation rate will likely mirror the 1 percent of federal prisoners who receive the kosher meals, the Justice Department lawyers wrote. That would cost about $730,000 per year, “a tiny fraction of Defendant’s $2.3 billion budget,” they wrote. At least 32 other states, including New York and California, offer kosher diets to prisoners.
But the state argued that, even if just 1.5 to 2 percent of the total prison population joined the program, the department would spend up to $1.7 million a year, not including extra costs for disposable utensils and plates.
“For a cash-strapped agency like the Department of Corrections, these amounts are not a ‘relatively minor expense,’ given other crucial needs that compete for funds,” Tietig wrote.
Florida’s “10 percent” rule, which suspends prisoners from the kosher diet if they fail to eat at least 90 percent of the available meals, is unlawful, the Justice Department also argued. The attendance rate for inmates eating the less-expensive, “main line” diet is only 85 percent, and the department “relies on this 15 percent no-show rate to meet its budgetary goals,” the lawyers wrote.
“Requiring prisoners on the more-expensive kosher diet option to show up for a higher percentage of meals than prisoners on the less-expensive main line is not a method to prevent waste — let alone the least-restrictive means of doing so,” they wrote.
A trial in the case is slated for Aug. 25, but Seitz could rule on the motions instead.
by Dara Kim
Pictured: The cafeteria at Century Correctional Institution. NorthEscambia.com file photo, click to enlarge.
Comments
21 Responses to “State Not Backing Down In Fight Over Kosher Meals For Inmates”
Remember “separation of church and state”? After conviction of a felony and “incarcerated as punishment “, the felons right to demand such accommodations are suspended. If such needs were such a priority, following the remainder of those beliefs should have been too. The end result would be THEY WOULD NOT BE IN PRISON. Perhaps this will serve as a future deterant to felonious activities. Other than that – this is a farce generated by inmates who are bored and looking to stir up trouble.
Our school lunches are not fit for any humans, therefore pushing for Kosher meals is a long shot.
@Haley,
You are correct – I do believe that there are innocent people in jail/Prison. However, 99.9% of them are guilty as charged, or at least guilty of something else that they may not have been charged for. That being said, yes they make mistakes. If they want to follow the dietary restrictions, then fine, but if it isn’t offered to them, then offer more vegetables and fruits. Many inmates who don’t have kosher meals available make due with those. Honestly, though, the kosher meals are probably cheaper than the fruits and veggies! I think we figured it at our prison as about $4.00 a meal per inmate. So, $12.00 a day to feed an inmate kosher meals. If they are observed eating things that are not on the dietary list (from the commissary or vending machines), then they are removed from the list and are not allowed to sign back up for a year. So, stick to it, or don’t sign up!
I think if this is part of someone’s reigion and they are a true believer in following the dictates of that religion then the Kosher meals should be provided. Like “old salt” states,though if they want these meals, then they should have to pay for them. Yeah, most of the ppl in prison have messed up somewhere. I don’t think prison should be a wonderful place to be, however, I don’t think the inmates should be starved either. NOt everyone in prison is guilty of the crime they have been convicted of committed.
If they believed in their religion so much why are they in jail??
What’s more sad, some religious people and non-religious, spend a lifetime trying to satisfiy their flesh and neglect their soul. And still wind up in hell.
its a PRISON,they get more than the average American is getting right now
kosher bread and water
Wow, this is not really a big issue if you really take the time to think about it. Just give the inmates a one time opportunity to sign up for the kosher meal during orientation when they get to the prison that they are at when they arrive. Then just serve the kosher meals either at the beginning of chow or at the end. Have a list of names that signed up for the kosher meals and check each inmate as he/she passes through the door to get into the chow hall. If there is an inmate that attempts to eat twice, then let that inmate deal with institutional consequences. Folks, it may take extra work on staff, but this solves all the crap that inmates always try to pull. It solves the legal issues and until the issue of kitchen cooking deal gets resolved, even the Justice Dept cannot say the State is not trying to comply. In the meantime, I WANT A RAISE! “signed, a Correctional Officer”.
First, I am in agreement with the concept of “Want to eat what you like/need? Then stay out of prison!” But, as I see it, the only way Kosher or “Certified Food Sincerity Meals” can be offered is to by the preprepared kosher meals. They are manufactured by a company that prepackages the meals, then they are heated or stored by the food services staff and served to inmates who are signed up for the meals. These meals are certified for several other religious groups, not just the Jewish or Muslim inmates. And, I can tell you – they ain’t all that appetizing – I’ve seen them. If I had to eat that stuff day in and day out, I’d opt out for the duration of my stay and eat some variety offered to the regular diners.
I believe that’s where the DOJ is getting the idea that the number of inmates will drop, once they find out the food is not a gourmet meal.
I am in total agreement with all previous comments. For the Federal Government to even suggest that prisons have to offer numerous menus that meet the preferences of all kinds of religions is simply absurd. The pendulum has swung so far to the left as to actually have a trial regarding this nonsense, insane!
Once again we can thank the democrats for this and all the other the special privileges given to criminals. Unless those quote “evil mean spirited republicans” had something to with this. Yeah right. :-/
So far, $200,000 dollars have been wasted fighting this stupid case. There is no feasible way for the prisons to offer Kosher meals due to having only one kitchen per facility. The inmates that signed up for this program only did so to hopefully get to eat something different because they eat the same meals rotated on a weekly schedule. Their food is very routine…JUST LIKE PRISON!
I have worked in prisons for nearly 20 years. I have eaten the same food that the inmates are fed, and it is not that bad. Lacking in seasoning (due to other inmates dietary needs) maybe, but the menus are written by a dietician in Tallahassee and are a lot more nutricious than the garbage that they buy from their canteens that their families send them money to purchase. I have gotten food poisoning from several restaraunts, but never from eating prison food.
It’s just a ploy for special treatment that could never be followed as being truly Kosher.
If you want to eat Kosher then stay the hell outta prison!
What a joke…and complete waste of money.
I just had to look it up because I had forgotten everything involved in it. There’s LOTS of rules involved with cooking a kosher meal.
http://www.kof-k.org/kosher
It’s interesting to note just whom brought this lawsuit forward. You guessed it, Holder’s Anti-American D.O.J. Maybe in Holder’s mind, inmates have a right to a
heated swimming pool and a porn theater.
Why should they be fed better than a lot of law abiding citizens. I personally think the should be fed bread and water. Maybe they would before they break the law.
If these people had been that observant of their religions to begin with, they probably would not be in prison!
I do not see how the state could possibly meet “Kosher” meal requirements.
Saw a program on tv not long ago that showed “Kosher” requires basically two kitchens for preparations of foods that cannot be prepared together. Two sets of kitchen utensils and plates, etc. In other words double up the cost of the facilities.
There is also special culinary training for “Kosher” cooks and someone to oversee the process for approval.
In summary, “Your religion requires Kosher foods then stay the heck out of trouble and out of jails and prisons, federal and local.”
Same goes for any other “specialty food needs” groups….Stay out of trouble and out of jails..
Exceptions would be for those who have medical needs such as no salt or no sugars.
Should I go to jail I shall require on Mon & Wed fried fresh caught mullet, cheese grits, cornbread and sweet iced tea. Each Friday would need a 18 ounce prime rib with baked tater and all the fixin’s. Will let my special chefs know of the other days.
Bottom line, the whole thing about food is stupid and probably someone is “offended” — Well, stay OUT of Jail…DUH.
Since when do inmates get special treatment? I think they should have to eat what they’re given or starve. They committed a crime and should be punished not be giving out orders to have healthy food.
Prisoners are in prison for a reason – they rejected the mores and norms of a civilized society. States’ shouldn’t be directed by the federal government to “meet” convicted felons’ religious beliefs. When in Rome, do like the Romans! Or make the convict or the prisoner’s family pay up.
Maybe it’s being seen as preference to better food instead of what has been rationed to all prisoners. It’s seems like a legal loop hole. Diabetic meals I understand if proven by the right authority i.e. doctors.
But just to say “yeah, I want Kosher” for a chance of a better deal. No go.