Friday, July 15, 2016

11th Circuit: Florida Prisons Must Offer Kosher Food

In United States v. Secretary, Florida Department of Corrections, (11th Cir., July 14, 2016), the US 11th Circuit Court of Appeals held that under the Religious Land Use and Institutionalized Persons Act, Florida must provide kosher meals for inmates with a sincere religious basis for demanding such meals. The court wrote in part:
The Secretary argues that denying a kosher diet statewide is the least restrictive means of furthering Florida’s interest in cost containment, but she fails to rebut three arguments to the contrary. First, she fails to explain why the Department cannot offer kosher meals when the Federal Bureau of Prisons and other states do so.... Second, the Secretary fails to explain why the Department cannot offer kosher meals when it offers vegan, medical, and therapeutic diets at similar marginal costs.... Third, the Secretary fails to explain why the less restrictive alternative of enforcing rules that limit access to, and continued participation in, the program would not further her stated interest. The United States produced evidence that the Department is not screening out insincere applicants or enforcing the rules of participation in the program, and the Secretary does not contest that evidence. She instead responds that enforcing the rules would be too time intensive....
AP reports on the decision, pointing out that it was handed down only two days after oral argument in the case.