California – Court: Inmate Should Get Kosher Meals

California – Kosher food in prison. Only a few deserve it, but all inmates covet it and scheme to get it. If one non-Jew slips through the net, it could set an unmanageable precedent.

At least that’s a position put forth by prison officials in attempting to foil Margarito Jesus Garcia’s quest to keep kosher.

Besides, they argue, a prison rabbi refused to recognize Garcia as a traditional Jew because of his messianic belief in Jesus.

While an inmate at Mule Creek State Prison in Ione, Garcia claimed he practices Messianic Judaism and embraces the tenet to keep kosher. He mounted a court challenge to a denial of his request to participate in an existing kosher meals program.

Amador Superior Court Judge Don F. Howard sided with the prison bosses, but the Sacramento-based 3rd District Court of Appeal last week reversed his ruling.

In a 22-page published opinion, a three-justice panel said prison officials are in violation of Garcia’s rights under the federal Religious Land Use and Institutionalized Persons Act of 2000. The justices found it has not been shown that keeping kosher food away from Garcia “furthers a compelling governmental interest,” and, even if there was one, it has not been shown that is “the least restrictive means of furthering that interest,” as required by RLUIPA.

The kosher food program requires certification by a rabbi, separate utensils, dishes, and storage to ensure no contact between meat and dairy foods, and preparation in a separate kitchen area by trained staff.

According to court papers, 684 inmates participate in kosher food programs at the state’s 33 adult prisons. The cost is $7.97 per inmate per day, compared with the $2.90 cost of regular meals, the papers say. At Mule Creek, 43 of roughly 3,600 inmates receive kosher meals, they say.

Prison officials argue that even a modest increase in the number of participants “would require increased storage, more staffing, increased training of new workers, and (would) strain already-limited resources allotted for the program.”