State prison officials working to make kosher foods available
Posted: Saturday, August 04, 2007
OMAHA (AP) -- Officials at a state prison and a Muslim inmate serving a life sentence are negotiating to make kosher foods available in the prison, under orders from a U.S. district judge.
U.S. District Judge Joseph F. Bataillon said in his ruling that state officials failed to show that providing the meals would be too expensive.
Mohamed El-Tabech, who is serving a life sentence for murdering his wife in 1985, sued officials at the Tecumseh State Correctional Institution, citing the U.S. Constitution and the Religious Land Use and Institutional Persons Act.
The act says governments can't put a burden on inmates' religious practices without showing a "compelling government interest." Government can only make the fewest restrictions necessary to satisfy that interest.
El-Tabech's lawyers said in the 2004 lawsuit that prison officials denied him access to kosher foods and interfered with his prayer schedule. He also said he needed to shower daily because of his beliefs, but was only allowed three or four showers per week.
Nebraska Department of Correctional Services spokesman Steve King said Friday that El-Tabech asked for Jewish kosher foods, not Muslim halal foods in his lawsuit. Kosher foods have similar but slightly different standards than halal foods.
El-Tabech, 49, was raised in Beirut, Lebanon as an Orthodox Muslim, according to Bataillon's order.
The judge gave the state and El-Tabech until mid-September to decide on how to change the food service, either by providing prepackaged kosher meals, making kosher items available from the prison canteen or giving inmates kosher foods already in the kitchen.
Bataillon denied the shower request, saying the sink in El-Tabech's cell was a reasonable alternative. The judge said El-Tabech lost some shower privileges after two escape attempts -- one involving hostages and weapons -- but could earn the privilege to shower every day with good behavior.
State attorneys said the inmate's requests would raise food and preparation costs and possibly make other inmates think El-Tabech was getting favorable treatment. The state also argued that granting the request could trigger similar requests from other inmates.
"Ready alternatives already exist to satisfy El-Tabech's dietary requirements at a (minimal) cost to the prison," Bataillon said in the ruling, which was released last month.
Bataillon said in the order that the prison was able to provide kosher meals during Ramadan without problems, and prisoners routinely are provided vegetarian, low sodium, cardiac and bland diet options.
The judge also ordered that El-Tabech's prayer schedule be posted in the prison, so guards can reduce disruptions during the prayers. The judge ordered guards to modify activities, but said he did not expect Tecumseh to change prison schedules to accommodate the prayers.
On the Net:
U.S. District Court, Nebraska: http://www.ned.uscourts.gov
Nebraska Department of Correctional Services: http://www.corrections.state.ne.us
U.S. District Judge Joseph F. Bataillon said in his ruling that state officials failed to show that providing the meals would be too expensive.
Mohamed El-Tabech, who is serving a life sentence for murdering his wife in 1985, sued officials at the Tecumseh State Correctional Institution, citing the U.S. Constitution and the Religious Land Use and Institutional Persons Act.
The act says governments can't put a burden on inmates' religious practices without showing a "compelling government interest." Government can only make the fewest restrictions necessary to satisfy that interest.
El-Tabech's lawyers said in the 2004 lawsuit that prison officials denied him access to kosher foods and interfered with his prayer schedule. He also said he needed to shower daily because of his beliefs, but was only allowed three or four showers per week.
Nebraska Department of Correctional Services spokesman Steve King said Friday that El-Tabech asked for Jewish kosher foods, not Muslim halal foods in his lawsuit. Kosher foods have similar but slightly different standards than halal foods.
El-Tabech, 49, was raised in Beirut, Lebanon as an Orthodox Muslim, according to Bataillon's order.
The judge gave the state and El-Tabech until mid-September to decide on how to change the food service, either by providing prepackaged kosher meals, making kosher items available from the prison canteen or giving inmates kosher foods already in the kitchen.
Bataillon denied the shower request, saying the sink in El-Tabech's cell was a reasonable alternative. The judge said El-Tabech lost some shower privileges after two escape attempts -- one involving hostages and weapons -- but could earn the privilege to shower every day with good behavior.
State attorneys said the inmate's requests would raise food and preparation costs and possibly make other inmates think El-Tabech was getting favorable treatment. The state also argued that granting the request could trigger similar requests from other inmates.
"Ready alternatives already exist to satisfy El-Tabech's dietary requirements at a (minimal) cost to the prison," Bataillon said in the ruling, which was released last month.
Bataillon said in the order that the prison was able to provide kosher meals during Ramadan without problems, and prisoners routinely are provided vegetarian, low sodium, cardiac and bland diet options.
The judge also ordered that El-Tabech's prayer schedule be posted in the prison, so guards can reduce disruptions during the prayers. The judge ordered guards to modify activities, but said he did not expect Tecumseh to change prison schedules to accommodate the prayers.
On the Net:
U.S. District Court, Nebraska: http://www.ned.uscourts.gov
Nebraska Department of Correctional Services: http://www.corrections.state.ne.us
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what the heck is this wrote on Aug 8, 2007 4:24 AM:
j c wrote on Aug 4, 2007 7:29 PM: