Kosher Food Program Finally Coming to Texas Prisons?

Significant developments have occurred in the efforts to provide kosher meals for Jewish inmates incarcerated in Texas state prisons, and with the development of a yeshiva-like rehabilitation system specifically for Jewish prisoners – the only one of its kind in the country.

In October 2005, a lawsuit was filed in federal court against the Texas Department of Criminal Justice for denying an observant Jewish inmate in Lovelady, Texas, a proper kosher diet. The suit charged that the TDCJ, by not providing Max Moussazadeh nutritionally sufficient kosher meals, was in violation of the Religious Land Use and Institutionalized Persons Act of 2000.

The RLUIPA statute guarantees “the free exercise of religion by protecting inmates from any unlawful imposition of a substantial burden on an individual’s religious exercise” – meaning that the TDCJ would need to provide good reason(s) for preventing a Jewish inmate from adhering to the laws of kashruth, in order to comply with federal law. At the time this suit was filed, the TDCJ unit at which Moussazadeh was incarcerated, Eastham, was ill-equipped to serve kosher meals to its Jewish inmates; in fact, no TDCJ facility in Texas at this time has proper kosher facilities.

Prior to retaining counsel, Moussazadeh twice filed formal grievances with the TDCJ, explaining his need for a kosher diet as an observant Jew, and stated that being forced to eat nonkosher food was an infringement upon his religious obligations. In response, however, the TDCJ denied his requests for kosher meals, both times without explanation. Undeterred, Moussazadeh then sought legal action, retaining the services of the Washington-based Becket Fund for Religious Liberty. Upon filing in federal court, the Becket Fund’s director of litigation, Derek Gaubatz, indicated that the TDCJ had yet to demonstrate the existence of any compelling reason for preventing Moussazadeh from practicing his religion, nor had it shown how its failure to provide kosher meals to Moussazadeh would be in the state’s best interest.

One year later, and the TDCJ currently has a temporary agreement with the Becket Fund to stay the case, having agreed to explore different ways in which a kosher meal program could be initiated. Providing an update from his office in Washington last week, Gaubatz said he is encouraged by recent developments: “After much investigation, it now appears that the TDCJ is ready to implement a kosher meal program, though we have not yet received official word from the agency,” he noted. “The TDCJ has said it will set up a ‘Jewish-enhanced’ unit within its system, which would be capable of providing kosher meals to its Jewish inmates – but no details or specifics have been given for the program’s implementation as of today.” Eager to bring this matter to a close, Gaubatz said he is optimistic that the TDCJ will make good on its agreement in the near future.

Houston Chabad rabbi founds Yiddishkeit rehabilitation program

Playing an instrumental role in helping the TDCJ develop a kosher meal program have been the shluchim (emissaries) of Chabad Lubavitch of Texas, through its office of Chabad Outreach of Houston. Rabbi Dovid Goldstein, in particular, has spent the past year working closely with the TDCJ: educating its leadership on the importance of Jewish dietary laws; of Jewish customs, in general; and assisting in the planning of a kosher meal program that would suit both the state and the approximately 70 “legitimate” Jews currently incarcerated in Texas prisons.

Rabbi Goldstein, who has served as prison chaplain for the past seven years, took on the responsibilities of head consulting rabbi for the TDCJ in September 2005 – the first of which was to rewrite the Jewish policy for the agency. In doing so, he envisioned the creation of a yeshiva-like program that would promote rehabilitation through Yiddishkeit for Jewish prison inmates: a “Jewish Learning Institute for Rehabilitation,” he called it. Under this system, Rabbi Goldstein plans to reduce the number of Jewish-designated units across the state, from six to two, and have all eligible Jewish prisoners transferred to these units. (The likely candidates are Central, and either Darrington or Ramsey.) Between these Jewish-enhanced units, there will be a kosher meal program, in addition to a Jewish library and office space for the program’s use.

Last January, Rabbi Goldstein proposed his prison yeshiva plan to the TDCJ, and explained that given the small Jewish population in prison, such a consolidation would be both feasible and advantageous to the state: By reducing the number of Jewish-designated units, Texas would spend less money and fewer resources; by transferring all eligible Jewish prisoners to two facilities, a rabbi would be able to play a more active and effective role in a Jewish inmate’s rehabilitation; and by having only two Jewish units, the state would need to establish only two kosher kitchens, rather than six or more.

Since this meeting in January, Rabbi Goldstein has attended five follow-up meetings in Huntsville, in which he and the TDCJ leadership reviewed different kosher food programs already in existence across the country. After much comparison, it was determined that the California model would work well in Texas, would be easily implemented and would have the fewest adjustments.

According to Rabbi Goldstein, there will be no food preparation required under this proposed plan, meaning that no cooking would be done onsite. All kosher meals will either be cold or precooked, which then would be reheated at mealtime. One hot meal would be served per day (usually dinner), with the other two being cold. Rabbi Goldstein noted that this system eliminates many problems that the others would present, leaving the issue of storage as the only real concern to sort out.

Currently, the TDCJ is in the process of accessing the costs of starting and maintaining a kosher food program. Last month, Rabbi Goldstein and the TDCJ leadership conducted an official walk-through of the kitchen facilities at one of the proposed Jewish units to determine if it would be practical to have a kosher food program at this facility. The tour went very well, the rabbi said, noting that it would take but a few changes and additions to install a kosher meal program at this unit. As far as the actual food is concerned, Rabbi Goldstein said that he and the TDCJ were impressed with the percentage of food served in the Texas prison system that already is kosher – about half. Additionally, there is the possibility that the entire prison cannery could be kosher-certified, as well.

In order to move forward with the program, the TDCJ now must draft a finalized policy, which then must earn approval. With the TDCJ having seen “hands-on” what it would take to implement a kosher food program, based on the recent walk-through, Rabbi Goldstein said he is optimistic about the impact such a program will have on the state’s Jewish inmates.

Yet, kosher food is only part of what Rabbi Goldstein and Chabad of Texas have been working to bring to the state prison system. Since Chanukah last year, Jewish inmates in Texas have been given the opportunity to perform mitzvahs and observe the Jewish holidays in ways that were inconceivable in the past. Rabbi Goldstein, who sees these steps as being essential to the realization of his prison yeshiva plan, credits this difference with the changes in leadership that recently have taken place at the TDCJ; with the more “progressive approach” that the agency has taken toward such matters; and with the assistance he has received in visiting the prisons from a diverse group of dedicated volunteers from Houston’s Jewish community.

History made with first prison sukkah

History, in fact, was made this past Sukkot, with the building of the first sukkah in a Texas state prison. Jewish inmates, for the first time in TDCJ history, were allowed to perform the mitzvahs of the lulav and etrog, as well as being able to eat in a sukkah. According to Rabbi Goldstein, the experience was very meaningful to those involved: “There were six Jews sitting in this sukkah, sitting in the darkest place a person could be – prison – but with one of the highest forms of light for a Jew – a sukkah. Sukkot is about unity, unity of the Jewish nation,” he explained, pointing out that the Four Species, which are used on Sukkot, are symbolic of the Jewish people – each being important individually, but when joined together, they form a greater whole, taking on a higher meaning.

“This is how we are as Jews,” Rabbi Goldstein continued, revealing why he has dedicated himself to helping Jews who are in prison: “We are of different kinds important, but only complete when we come together.” Following the teachings of the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of blessed memory, Rabbi Goldstein stated that “no Jew should be left out – especially those in prison – for we are all responsible for each other, for helping each other when in need.”

“Jews who are in prison have the opportunity to do a lot of soul-searching,” he continued. “And Jews who are in prison require special guidance, of the spiritual kind, to help with the rehabilitation process. If a Jew in prison is given the opportunity to perform mitzvahs and connect with G-d, then when it comes time to reenter society, he will appreciate what it means to live life according to Torah, and therefore will have a better opportunity to come out a changed person.”

Though his prison yeshiva still is in the preliminary stages of implementation, Rabbi Goldstein said he already has noticed a significant change in attitude from its participants, with some, on their own, studying and praying regularly, and even laying tefillin. If things go according to plan, Rabbi Goldstein hopes that his program will serve as a model for others across the country.