Missouri inmate wins lawsuit seeking kosher meals

ST. LOUIS -- A federal judge has ruled that Missouri prison officials violated the constitutional rights of an inmate once labeled a white supremacist when they refused to serve him kosher meals.

Norman Lee Toler, serving a 10-year sentence at the state prison in Bowling Green for statutory rape, sued in December 2005, saying he grew up in a Pentecostal home but chose Judaism in 2002. He claimed the state violated his right to practice his religion by forcing him to eat nonkosher food. The term kosher refers to food that meets standards for ritual purity under Jewish law.

In a ruling earlier this month, U.S. District Judge Jean C. Hamilton in St. Louis said the state failed to conduct any studies to determine if providing Toler with kosher meals would be an unreasonable burden. She gave both sides until early June to negotiate the feasibility of three scenarios: having the department buy prepackaged kosher meals, offer kosher food already available on its menu or give Toler kosher foods from outside vendors.

Brian Hauswirth, a spokesman for the Corrections Department, told the St. Louis Post-Dispatch that Toler won't be getting kosher food for now. He said the department is still considering its options.

The department had doubted the sincerity of Toler's claim that he is Jewish. Guards at an Illinois prison caught him with photos of Adolph Hitler and white supremacist literature. He also has several white supremacist tattoos, including a jailhouse one that reads, "SS," the name of the Nazi police organization.

However, Hamilton found that Toler was sincere in his practice and belief of Judaism, noting that he regularly reads from the Torah, keeps in contact with rabbis and that other inmates know he is Jewish.

State officials worry that the ruling could lead other prisoners to ask for food to accommodate religion. Currently, 60 to 70 of Missouri's 30,000 inmates have told officials that they are Jewish.

Missouri prison officials argued that serving kosher food could cost two or more times the $2 or so it costs to feed an inmate for a day. Also, they said, special servings might slow meal lines and encourage pushing and shoving.