NYC sued over 'non-vegetarian' prison policy

By Gail Appleson

NEW YORK, July 3 (Reuters) - New York City is being sued for refusing to provide vegan meals to prison inmates who say their Jewish beliefs forbid the unnecessary infliction of pain on animals, according to a case made public on Thursday.

Lawyers for the three inmates, serving sentences ranging from one year to two to six years on criminal mischief charges for their activities during a protest against animal testing, said they believe this is the first suit of its type against the New York City Department of Corrections (DOC).

The U.S. Bureau of Prisons began offering vegetarian entree choices to federal inmates in 2000.

Although U.S. District Judge Shira Scheindlin denied a temporary restraining order against the city on Thursday, she set a hearing for Wednesday in Manhattan federal court over whether she should order that vegan meals be provided.

Vegans do not eat any animal products, including meat, dairy products, eggs and honey. The plaintiffs say that because they are denied vegan foods, they are existing on peanut butter, crackers and potato chips and thus suffering from such health problems as fatigue and weight loss.

The DOC accommodates religious dietary requirements, such as offering Kosher and Halal meals for Jewish and Muslim inmates, but its written policy states "vegetarian diets are not offered in this DOC system."

"We think that policy is wrong. We think it's unconstitutional," Leonard Egert, one of the inmates' lawyers, told the judge. The suit also alleges that the inmates' right to free exercise of religion is being violated.

Jeffrey Dantowitz, a lawyer for the city, said he did not know of any branch of Judaism of which vegetarianism is a tenet.

Egert pointed to an affidavit from Richard Schwartz, a college professor and president of the group Jewish Vegetarians of North America, saying vegetarianism is consistent with the teachings of Judaism.

Scheindlin said that if the inmates sincerely believe a vegan diet is part of their religious views, the courts could side with their case. The plaintiffs, aged 17 to 24, have all been vegans for at least five years.



07/03/03 18:30 ET