- Posted October 19, 2021
- Tweet This | Share on Facebook
Michigan inmates win right to kosher meat, cheesecake for holidays
By Ed White
Associated Press
DETROIT (AP) - Michigan must serve kosher meat, dairy and cheesecake to prisoners observing the Jewish Sabbath and holidays, a federal appeals court said, rejecting arguments that a special menu would be too costly and disruptive.
The Corrections Department typically offers a vegan meal to anyone with religious dietary needs. But the appeals court said it was a "substantial burden" on the rights of prisoners who said they instead need meat and dairy to practice their Jewish faith.
In a 3-0 opinion last week, the appeals court affirmed a decision by U.S. District Judge Linda Parker. The court analyzed the case under a federal law that protects the exercise of religion in a confined setting.
Gerald Ackerman and Mark Shaykin sued after the state in 2013 adopted a vegan religious meal and said Jewish organizations could no longer send food for four holidays.
Prisoners can purchase small kosher meat and dairy products at the commissary, but the food can't be brought into the chow hall. Ackerman and Shaykin said they must eat the special food as meals, not snacks.
The Corrections Department said providing meat to all Jewish prisoners on holidays and the Sabbath would cost about $10,000 a year.
"The interest in simply avoiding an annual $10,000 outlay here is not compelling. ... The MDOC annual food budget is $39 million," the appeals court said.
The state also argued that an exception to its religious meal policy would turn prison kitchens into a "religious-accommodation buffet." But the three-judge panel said the state failed to properly develop that defense.
Ackerman and Shaykin believe they must eat kosher cheesecake on Shavuot, which recalls the ancient harvest of wheat and the delivery of the Torah to Jews.
The appeals court said the "cheesecake issue is trickier" than meat and milk, but it affirmed the trial judge's findings.
Parker "reached the defensible conclusion that (she) should credit the prisoners' testimony that they believe cheesecake is mandatory on Shavuot. That's all that is required," the appeals court said.
Published: Tue, Oct 19, 2021
headlines Oakland County
- Historical: Circuit Court judge has made indelible mark
- ABA amicus brief supports noncitizens’ right to a bond hearing when detention becomes ‘unreasonably prolonged’
- Nessel secures full victory in lawsuit challenging administration’s attack on fair housing protections
- Whitmer announces new automotive jobs, investment in Oakland County
- AG pushes federal government to strengthen rules to combat illegal robocalls
headlines National
- ABA Legal Ed council repeals DEI standard
- Is Perry Mason TV’s most effective lawyer? New study names top 5
- Lawyer who cited paraphrasing as direct quotes in 2nd Circuit brief says AI played a role
- After jury deadlock and mistrial, Lindsay Clancy could face second trial
- Murder, Corruption and RICO in Georgia: Fateful meeting I didn’t want to attend led to courtroom win
- Bad Bunny, Justin Bieber among musical stars facing copyright suit for using reggaeton’s signature beat




