U.S. District Judge Shira Scheindlin ruled in July that three animal rights activists were not entitled to be served vegan food while serving their sentences.
Jennifer Greenberg, Benjamin Persky, and Joshua Schwartz were arrested in connection with an animal rights protests in New York in July 2002 and are serving time at Rikers Island after having been convicted on charges including riot, criminal mischief and resisting arrest.
The trio had sued the New York City Corrections Department claming that veganism as part of their religious beliefs (all three are Jewish) and as such they should be served vegan meals. The three activists have apparently only been eating the portion of food they are served that is vegan.
The New York City Corrections Department has a written rule that it does not provide vegetarian or vegan meals, and Judge Scheindlin refused to order the department to provide vegan meals. Scheindlin noted that Persky had been in jail since July 2002 and Greenberg and Schwartz had been incarcerated since November 2002, so it was difficult to make a case that they would suffer “irreparable harm” if not given vegan meals immediately.
“I am not saying it’s been pleasant [for the activists],” Scheindlin said, “I’m not saying it’s been easy. I’m not saying it’s been without effect, but they’ve tolerated it.”
City attorney Jeffrey Dantowitz released a statement applauding the ruling,
The Department of Correction continue to maintain its view that its policy of not serving vegan meals to inmates is completely and legally justified and does not violate plaintiffs rights.
Meanwhile People for the Ethical Treatment of Animals lawyer Jeff Kerr said that the judge should have ordered the corrections department to give the three vegan food,
They should be providing these vegan meals for these people. Freedom of religion doesn’t mean you should have to worship at the altar of dead animals.
Hint to Kerr and the incarcerated idiots — all they had to do to keep eating vegan food was not engage in property destruction, rioting and resisting arrest. Really, staying out of jail isn’t rocket science.
Sources:
Judge to Rikers Cons: No Vegan for You! Infinity Broadcasting, July 15, 2003.
Judge rules against vegan inmates. Associated Press, July 15, 2003.