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Appeals Court Says Kosher Meals A Must In Florida Prisons
July 15, 2016
Two days after hearing arguments, an appeals court Thursday sided with the U.S. Department of Justice and refused to block a federal judge’s order requiring Florida corrections officials to provide kosher meals to inmates.
U.S. District Judge Patricia Seitz last year ordered the Department of Corrections to offer kosher meals and barred it from removing inmates from the religious dietary plan if prisoners buy non-kosher food from canteens or don’t pick up the meals more than 10 percent of the time.
While Corrections Secretary Julie Jones has maintained she has no plans to stop offering kosher meals, the agency argued that a federal law — the “Religious Land Use and Institutionalized Persons Act” of 2000 — allows prison officials to stop offering the meal plan if it gets too expensive.
But a three-judge panel of the 11th U.S. Circuit Court of Appeals ruled Thursday that Jones and the agency failed to prove their case. The state has spent nearly $500,000 on legal fees and costs in the prolonged dispute.
The federal act provides that “no government shall impose a substantial burden on the religious exercise” of an institutionalized person “unless the government demonstrates that imposition of the burden on that person” is both “in furtherance of a compelling governmental interest” and “the least restrictive means of furthering that compelling governmental interest.”
Lawyers for the state argued that denying the meals is the least restrictive means of furthering the government’s interest in containing costs.
“But the secretary’s argument lacks any support in the record,” appeals-court Judge William Pryor wrote in the 15-page opinion.
Corrections officials had estimated that kosher meals could cost taxpayers more than $12 million a year, an amount disputed by the Justice Department, which sued the state over the kosher meals in 2012. Instead, federal officials estimated that the religious meals would cost less than $390,000 annually.
Thirty-five other states and the Federal Bureau of Prisons provide kosher diets to inmates.
Jones “fail(ed) to explain why the department cannot offer kosher meals when the Federal Bureau of Prisons and other states do so,” or why she can’t provide the kosher meals although the department offers other special diets “at similar marginal costs,” Pryor wrote.
Justice Department officials provided evidence that corrections officials are not screening out “insincere applicants” or enforcing rules of participation in the program, something Jones did not dispute, the judge noted.
“She instead responds that enforcing the rules would be too time-intensive. But she fails to cite any evidence or explain why it would be too time-intensive, so she has not created a genuine dispute of material fact,” he wrote.
Jones also argued that the agency has a budget deficit and that she might have to eliminate 246 positions to pay for kosher meals.
But she offered “no concrete evidence concerning how other prison operations would be affected by the costs of the kosher meals … and we do not have enough information about the deficit or the vacancies to conclude that they might make the asserted interest compelling,” wrote Pryor, who was joined in the opinion by judges Jill Pryor and Richard Story.
Jones also tried to “avoid her evidentiary burden by shifting the blame to limited appropriations from the Florida Legislature,” but the federal law does not distinguish between parts of the government, the three-judge panel found.
“If the secretary must provide kosher meals, then the Legislature must appropriate enough funds to honor the obligation,” the order upholding the permanent injunction said.
Corrections officials are reviewing the court’s decision and “will determine next steps,” agency spokeswoman Michelle Glady said in an email Thursday evening.
“We will continue to serve the more than 9,000 inmates enrolled in the religious dietary program meals that comply with the tenets of their faith,” she said.
The fight over kosher meals in Florida prisons has dragged on for more than a decade.
The department started offering kosher meals in 2004 to Jewish prisoners at 13 facilities and transferred inmates who were eligible for the meals to those institutions. The agency expanded the program to inmates of all faiths in 2006 but halted it the following year before reinstating it as a pilot project at a single prison in 2010, serving fewer than 20 prisoners.
A year after the Justice Department filed the lawsuit in 2012, the state again began serving kosher meals and promised to have the meals available to all inmates by last July.
Two years ago, prison officials switched to all-cold meals, consisting largely of peanut butter and sardines, served twice a day, prompting some inmates to complain that the unappetizing diet was aimed at discouraging prisoners from signing up for the kosher plan.
About 9,000 of the state’s 100,000 prisoners are receiving kosher meals, according to Glady. As of Monday, the state was spending $3.32 per inmate per day on kosher meals, compared to about $1.97 for the regular diet.
Lawyers who represented a Jewish inmate who sued the state after being denied a kosher diet hailed Thursday’s ruling.
“This is a huge win, and it perfectly shows how protecting religious liberty for any Americans ultimately protects it for all Americans,” said Daniel Blomberg, a lawyer with the Becket Fund for Religious Liberty, said in a press release.
by Dara Kam, The News Service of Florida
Comments
18 Responses to “Appeals Court Says Kosher Meals A Must In Florida Prisons”
REGARDING:
“My mothers is in prison and practices Judiasim.”
mother, Judaism
I wish her well, but wonder which practice of Judaism put her in prison?
David for better mothers
and kosher lives
Maybe a curveball but never a prison cell..
My mothers is in prison and practices Judiasim. Maybe if some of you who have a loved one in prison would be more empathetic…some of you speak as if you are saints. One day life can throw you a curveball.
Cb your comments just made up my mind as who to vote for, thank you. MAY GOD BLESS DONALD TRUMP AND THEY USA.
I know bread is kosher, and water is kosher……..why then is there a problem?
Next they will be putting jacuzzis and saunas in there for those that have arthritis.
If regular prison food is sufficient to maintain their life and health
why are we making special accommodations. The important factor in housing inmates is keeping cost as low as possible. Economically, America is not doing that great financially and we continue to spend more money.
America is going down like Rome, there are a few countries that might be a better move.
When people are convicted of felonies they lose their constitutional right to vote. We don’t install voting machines to accommodate nor do we allow them to vote by absentee a ballot. Why can’t laws be enacted that says a state does not have to accommodate convicted felon’s Who demand special privileges. Federal courts would be hypocrites if they ruled unconstitutional. If the denying them their constitutional right to vote is legal then then denying special request so they can practice their religion should be legal too.
This is fine, now make prisoners come up with the extra cost.
Family wont help, TOO BAD. Crackers and peanut butter.
Bread and peanut butter for dinner. 2 meals a day should be sustainable if they behave , give them gram crackers and water for a night snack. REMEMBER, they are prisoners and should be punished, NOT TAMPERED.
This is a religious issue. People in the United States are guaranteed the right to practice their religion anyway they want and our government guarantees that and is obliged to back them up. It doesn’t matter what you think. Of course, when we become the Trump States of America we won’t have to worry about what that pesky old constitution says, because this won’t be America anymore. It will be a totalitarian, dictator state. You are all ignorant about what it really means to be a citizen of the United States. Go ahead vote for the monster, the new Hitler, Make america white again. Make America hate again. As the Donald is so fond of saying, “Your disgusting”.
In some countries the prisoners are Happy Happy Happy to get Anything to eat or drink no matter what it might turn out to be.
In some countries food is not a big deal as criminals do not need to eat much as they are quickly executed, Chop-Chop.
I really Agree, our government leadership and the Liberal Whiners who worry about the feelings and rights of a flea have gone Too Far. Time to Take Back America from the lame crazies.
You do a crime, be ready to have an unpleasant experience while continuing to live on the Taxpayer Dollars.
This is rediculious! These people have broken the laws of our country. They continue to be bound by the laws of our country while incarcerated. No one is guaranteed any food in this country, but as humanitarians, and to avoid cruel and unusual punishment we provide food in the jails. It could be bread and water, as long as something is provided. If they want more or better food, then their families or their own funds can provide that to them. That’s the way it use to be done; gruel for everyone and stale bread and water. Again, for humanitarian reasons tax payer provide better for the people that can’t be bothered to follow the laws of our country.
Yes, they are free to perform/participate in their own religious beliefs, but why are tax payers responsible for that? Churches and religions institutes pay no taxes, they have no governmental support, they are to be funded by their parishioners.
The state can not sponsor one religion over another. Provide the same food across the board. If they want special foods for religious purposes let them provide them for themselves. They can still pray, worship, observe etc their own personal religious views, beliefs and practices but tax payers should not be required to fund things that are unconstitutional.
Food stamps are provided for humanitarian reasons, and to people that are not incarcerated for violating the law. Do they get guaranteed Kosher products?
Incarcerated felons lose their rights. They can’t vote, or own a gun etc. So why should they receive federal funds for their religious beliefs.
When someone demands something that is 3 times the cost of what is offered to everyone else, and their life does not depend upon it, it should be an option and they should be required to pay the difference, not you and I.
This is rediculious! These people have broken the laws of our country. They are still bound by th laws of our country while incarcerated. No one is guaranteed any food in this country, but as humanitarians, and to avoid cruel and unusual punishment we provide food in the jails. It could be bread and water, as long as something is provided. If they want more or better, then their families p, or their own fu SS can provide that to them. That’s the way it use to b done. Again, for humanitarian reasons tax payer provide more for the people that can’t be bothered to follow the laws of our country.
Yes, they are free to perform/participate in their own religious beliefs, but why are tax payers responsible for that? The state can not sponsor one religion over another. Proved the same food across the board. If they want special foods, let them provide them for themselves. They can still pray, worship, observe etc their own personal religious views, believes and practices but tax payers should not be required to fund things that are uncinstitutional.
Food stamps are provided again under humanitarian conditions. Do they get guaranteed Kosher products?
When someone demands something that is 3 times the cost of what is offered to everyone else, and their life does not depend upon it, it should be an option and they should be required to pay the difference, not you and I.
Wow! Just wondering where the hell is America heading. Imagine prisoners (lawbreakers) demanding special food to meet their religious beliefs. These folks should be happy to have a free meal at taxpayers expense and a Federal Judge saying you have to comply. Where was all their religiousness when they were breaking the law. There’s way too much political and religious correctness going around. Time to vote folks and forget about party lines, just vote for those with a bit a common sense.
Don’t fret the insanity will get a lot worse. How long will it take before incarcerated Moslems demand halal certified food, or Hindu, Buddhist and Jain vegetarian diets are demanded. We want political correctness under all circumstances and in all areas – so it stands to reason that the prisons have to follow suit.
Speaking from observation – the regular mainline food that inmates eat is MUCH more appealing than the Kosher meals. Those look pretty lame to me. If the inmate is truly observant, then more power to them! I wouldn’t eat it.
Too bad they weren’t thinkin about their faith when doing their crimes.
This is so ridiculous! When you break the law and go to prison we shouldn’t have to pay extra for your religious meals! Did your religion condone you breaking the law? These people have more rights in prison than we do in the free world. It gets more ridiculous every article I read! I’m just so disgusted with this country and the leniency we give to prison inmates. No other country gives their inmates all these rights-why should we? A lot of prisoners eat better in jail than we do! I can’t afford to go to the store and just buy whatever I want…but let me go to prison and I’ll claim some crazy religious belief that I have to eat steak at least three times a week…..as I stated before….when you break the law and are found guilty-we should only be providing them the necessities…a cot to sleep on and basic CHEAP food! Wonder if they can order up a fluffy pillow to sleep on too?? I mean I’m sure someone can come up with some sort of idiotic religious reason for that too….lets serve them a little champagne on Sundays too……it never ends!
More selective enforcement by the DOJ.