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Prisons look at Muslim meal option

INMATE'S LEGAL PROTEST LEADS TO CHANGE

Published: Saturday, Jan. 23, 2010 - 12:00 am | Page 3A

James Fredrick Menefield lost his freedom eight years ago when he was sent to prison for murdering his girlfriend. But the Pleasant Valley State Prison inmate says he should not lose the right to follow dietary rules that come with his strict Muslim faith.

The state of California is on the verge of agreeing with him.

In proposed regulations, the Department of Corrections and Rehabilitation wants to add the religiously prepared halal meat option to prison menus, which already include Jewish kosher and vegetarian meals.

The department is seeking the change in the face of pressure from several Muslim inmates who have filed lawsuits alleging discrimination. Inmate attorneys have seized on the department's decision in 2006 to offer special kosher meals to Jewish inmates.

"They've said Jewish prisoners have a right to practice their religion in a certain way, but Muslim prisoners don't have that same right," said Nathaniel Garrett, the court-appointed attorney for Menefield, who filed a civil rights complaint in federal court in 2008.

Victims' rights advocates counter that the state made a mistake in offering any religious meals. Prisoners lost those rights when they committed a crime, said Harriet Salarno, president of Crime Victims United of California.

"It would be cruel if we denied them food … but we're not denying them nourishment," she said. "This country is made up of all kinds of religions. Where is it going to end?"

The prison system enacted the kosher meals in 2006 in response to a lawsuit and a federal law passed during the Clinton administration that strengthened religious freedom in prison. The Muslim meal option would bring the state "further into compliance" and "would assist (the state) to defend against pending litigation" and to "avoid future costly litigation," the proposed regulations state.

The Muslim meals would be halal – an Arabic term for lawful, under Islamic code. Interpretations vary, but in general, pork is prohibited and other meat must come from animals that are ritually slaughtered. Proper techniques include pronouncing the name of Allah at the time of the kill and ensuring that animals are nourished, well rested and not "stressed or excited" prior to slaughter, according to the book "Halal Food Production."

The Corrections and Rehabilitation Department estimates the meals would cost 27 cents more per day. Officials say the Muslim prisoner population is 5,000, meaning the change could cost the state about $500,000 a year.

The regulations still require a final review by the Office of Administrative Law, a typically routine procedure. If approved, the rules would mark another victory for inmate rights groups that have used the federal law to win other concessions.

The law – called the Religious Land Use and Institutionalized Persons Act of 2000 – prohibits the government from putting a "substantial burden on the religious exercise of a person" in prison, unless there is a compelling interest. Congress unanimously passed the measure, touted at the time by sponsor Sen. Orrin Hatch, R-Utah, as a "much-needed preservation of our religious liberty."

In 2004, U.S. District Judge Lawrence Karlton cited the law while ruling in favor of inmates at California State Prison, Solano, who complained the prison restricted their practice of Islam. The judge said the prison erred when it disciplined inmates who grew religious beards or left work or class assignments to attend Friday services, known as "Jumu'ah."

Susan Christian, a civil rights attorney who represented about 300 inmates in the class action suit, said the religious activities aided their rehabilitation. "It gave them discipline (and) it increased their feelings of self-worth," she said.

Menefield, now in the Coalinga prison, first complained about prison meals in 2006 while at Corcoran State Prison.

He had converted to an Orthodox sect of Islam in March 2002 at the age of 19, six months before a Los Angeles County jury convicted him for the 2001 shooting death of his girlfriend, whom he blamed for getting him in trouble with rival gang members, according to court records.

With halal servings not available in prison, Menefield requested the kosher option because it was closer to Islamic code than traditional or vegetarian meals, according to his legal complaint. But the prison denied him, citing the state's regulations, which only permit kosher meals for Jewish inmates. Menefield then filed a federal complaint.

Peggy Proby, Menefield's mother, a Christian, said in an interview that the conversion has helped her son repent and "his temperament has been very calm."

"When he can't practice his religion the way that he should, he gets very upset and I don't want my son getting in trouble," she said.

In October, U.S. District Judge Charles Breyer gave him a partial victory, ordering the state to serve him kosher meals. The judge also noted that the state was working on regulations that "would substantially meet the plaintiff's concerns."

© Copyright The Sacramento Bee. All rights reserved.


Call E.J. Schultz, Bee Capitol Bureau, (916) 326-5541. Bee researcher Nancy Ramirez contributed to this report.


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