AZ Bar No. 028073) Janet M

Case 2:20-cv-02402-SPL-JFM Document 3 Filed 12/10/20 Page 1 of 59 Jordan A. Kroop (AZ Bar No. 018825) Thomas Ryerson (AZ Bar No. 028073) Janet M. Howe (AZ Bar No. 034615) PERKINS COIE LLP 2901 North Central Avenue, Suite 2000 Phoenix AZ 85012 (602) 351-8000 [email protected] [email protected] [email protected] [email protected] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Stacy Satzman; Daniel Brinauer; Bonnie Huffman; and all those similarly situated; Case No. Plaintiffs, PLAINTIFFS STACY SATZMAN, vs. DANIEL BRINAUER, AND BONNIE HUFFMAN'S MOTION FOR David Shinn, Director of the Arizona PRELIMINARY INJUNCTION Department of Corrections Rehabilitation & Reentry, in his official capacity; *Oral Argument Requested Arizona Department of Corrections Rehabilitation & Reentry; Defendants. 149964045.3 Case 2:20-cv-02402-SPL-JFM Document 3 Filed 12/10/20 Page 2 of 59 I. Introduction Plaintiffs Stacy Satzman, Daniel Brinauer, and Bonnie Huffman are Jewish inmates incarcerated in various state prisons within the Arizona Department of Corrections, Rehabilitation & Reentry (ADC). Plaintiffs hold sincere religious beliefs that require them to consume a kosher diet consistent with Jewish dietary law or kashruth. Previously, ADC provided Plaintiffs well-balanced kosher meals consistent with their religious beliefs and their constitutional rights to practice their religion. On August 1, 2020, however, ADC replaced all specialized religious diets, including Plaintiffs’ religiously-mandated kosher meals, with a “common fare” vegan meal plan. The common fare meal plan is not kosher— it lacks both kosher food products and proper kosher meal preparation. Thus, with every common fare meal that ADC serves, and Plaintiffs consume, ADC violates Plaintiffs’ constitutional rights. Additionally, when compared with ADC’s former kosher meals and general inmate diet, the common fare meal plan is deficient in quantity, quality, and variety. Thus, Plaintiffs must choose between their physical and spiritual well-being solely because they require a kosher diet to adhere to their sincerely held religious beliefs. Despite substantial evidence that the common fare meal plan is not kosher, fails to provide Plaintiffs adequate nutrition, and causes Plaintiffs and similarly situated inmates significant physical and spiritual harm, ADC ignores Plaintiffs’ complaints and refuses to provide Plaintiffs an adequate diet that allows them to practice their religion. Considering the severe and irreparable harm to their physical and spiritual health that occurs every day they are denied kosher meals, Plaintiffs move this Court to preliminarily enjoin ADC from enforcing the common fare meal plan and require ADC to reinstate Plaintiffs’ kosher meals. II. Factual Background For thousands of years, Jews have faithfully kept kosher by observing the enduring laws of kashruth—a critical part of Jewish faith and identity. Kashruth laws start with the Torah (the Five Books of Moses, or as Christians typically call it, the “Old Testament”) approximately 3,300 years ago. They are also inscribed in the Talmud and derived from the -1- 149964045.3 Case 2:20-cv-02402-SPL-JFM Document 3 Filed 12/10/20 Page 3 of 59 “Oral Torah,” or the laws spoken to Moses and passed down through the ages intact through an unbroken oral tradition. [Declaration of Rabbi Eli Putney (“Rabbi Putney Decl.”), ¶ 5, attached as Exhibit 4] While an individual could commit a lifetime of study to the volumes of materials that make up kashruth, there are several key everyday principles that guide Jews who keep kosher. These principles govern: (1) the types and parts of animal meat that may be consumed; (2) the manner that an animal must be slaughtered; (3) the methods by which dairy products must be sourced and created; (4) the process by which fruits and vegetables must be inspected and purged of microscopic insects before they are cooked or consumed raw; (5) the separation of meat and dairy food products; (6) “neutral” foods that may be consumed with either meat or dairy in a particular meal; and (7) the manner by which grape and wine products may be sourced and consumed. [Ex. 8 (Rabbi Putney Decl.), ¶ 6] Plaintiffs are Jewish and committed to adhere to these principles by consuming a completely kosher diet, which is a central and fundamental part of each of their religious practices. [Declaration of Daniel Brinauer (“Brinauer Decl.”), ¶¶ 3–4, attached as Exhibit 2; Declaration of Stacy Satzman (“Satzman Decl.”), ¶¶ 3–4 attached as Ex. 1] Plaintiffs cannot consume non-kosher food without desecrating their core beliefs. A. Plaintiffs Previously Received Kosher Meals From ADC. Before August 1, 2020, Plaintiffs each received a well-rounded kosher diet, consisting of a variety of kosher meats, fish, cheese, eggs, milk, beans, fruits, and vegetables. [Ex. 2 (Brinauer Decl.), ¶ 6; Ex. 1 (Satzman Decl.), ¶ 7] These meals utilized shelf-stable or frozen, premade kosher meals that the ADC kitchen staff would heat and serve to kosher-keeping inmates. [Ex. 2 (Brinauer Decl.), ¶ 7; Ex. 1 (Satzman Decl.), ¶ 8] Because the frozen or shelf-stable meals were double-sealed, they could be heated in the non-kosher kitchen ovens without compromising their kosher status. [Ex. 2 (Brinauer Decl.), ¶ 7; Ex. 1 (Satzman Decl.), ¶ 8] ADC staff served these meals unopened, on separate kosher-only trays, and with single-use utensils. [Ex. 2 (Brinauer Decl.), ¶ 7; Ex. 1 (Satzman Decl.), ¶ 8] These kosher premade meals also bore a hechsher, which is a stamp, emblem, -2- 149964045.3 Case 2:20-cv-02402-SPL-JFM Document 3 Filed 12/10/20 Page 4 of 59 or icon that is placed on food products to indicate a kosher certifying agency’s rabbinical endorsement of the food preparation and packing facility and methods. [Ex. 2 (Brinauer Decl.), ¶¶ 9–10; Ex. 1 (Satzman Decl.), ¶¶ 10–11; Ex. 4 (Rabbi Putney Decl.), ¶¶ 12–13] B. Non-Kosher Common Fare Meals Replace Plaintiffs’ Kosher Meals. On July 2, 2020, with a mere 30-day notice, ADC announced that all specialized religious diets would be replaced with a “common fare meal plan.” [ADC Notification 20- 15 (July 2, 2020), attached as Exhibit 3] The common fare meal plan is a vegan, plant-based diet that heavily relies on beans, hummus, nut butters, and soy-based imitation meats. [Ex. 2 (Brinauer Decl.), ¶ 12; Ex. 1 (Satzman Decl.), ¶ 13] According to ADC, the common fare meals meet the dietary requirements for halal, kosher, and vegetarian diets. [See ADC Dept. Order Manual, Chp. 900, Dept. Order 904, Sect. 4.5 (amended July 13, 2020), at 13, attached as Ex. 5] Since the August 1 transition, however, Plaintiffs have not received a kosher diet, because the common fare meals are not made with kosher food products or prepared in a manner consistent with kashruth. First, nearly all the common-fare food products lack kosher certification or a hechsher to officially verify the food product’s kosher status and conformity with kashruth. [Ex. 4 (Rabbi Putney Decl.), ¶ 12] Processed foods cannot be verified as kosher without a hechsher. [Id. ¶¶ 11– 13] Unlike the pre-August 2020 kosher meals, most of the prepackaged, shelf-stable common fare meals do not bear a hechsher. [Ex. 2 (Brinauer Decl.), ¶¶ 17, 20; Ex. 1 (Satzman Decl.), ¶ 23] Therefore, they are not kosher. Unpackaged and unprocessed foods may also require hechshers or other “kosher control points” to verify kosher status. [Ex. 4 (Rabbi Putney Decl.), ¶ 12] It is often wrongfully assumed that all raw fruit and vegetables are kosher. [Id. ¶ 8] Unprocessed fruits and vegetables can, however, be non-kosher if they are handled improperly, prepared with non-kosher utensils, or if they are contaminated with small insects. [Id. ¶¶ 11–12] Insects are not kosher, and foods with any insect presence cannot be consumed in a kosher diet. [Id. ¶ 10] Many fruits and vegetables, such as most lettuce, spinach, kale, strawberries, cauliflower, broccoli, and raspberries remain contaminated by small insects after post- -3- 149964045.3 Case 2:20-cv-02402-SPL-JFM Document 3 Filed 12/10/20 Page 5 of 59 harvest washing, rendering these items non-kosher unless and until they are scrupulously inspected and washed according to kashruth. [Id. ¶ 12] Due to the scale of commercial harvesting and processing, most commercially grown produce and manufactured products are likely to experience “insect infiltration.” [Id. ¶ 13] For these reasons, fresh fruits and vegetables should be inspected and, in almost all cases, bear a hechsher or other kosher control point to be considered kosher and compliant with kashruth. [Id. ¶ 10–11] Similar to the shelf-stable meals, none of the unpackaged food products bear a hechsher in the common fare meal plan. [Ex. 2 (Brinauer Decl.), ¶¶ 20, 23; Ex. 1 (Satzman Decl.), ¶¶ 23, 26] According to Plaintiff Brinauer, only about 40 percent of the common fare food can be verified as kosher. [Ex. 2 (Brinauer Decl.), ¶ 24] Thus, for the simple fact that the common fare meal plan does not serve all kosher food, it is not a kosher diet. Second, regardless of the kosher status of the common-fare food products, ADC’s meal preparation methods render the common fare meals non-kosher. Kosher food can become non-kosher if it is (1) mixed with non-kosher food; (2) cooked or prepared with pots, pans, or utensils, that have been used in the preparation of non-kosher food; (3) cooked in an oven used for non-kosher food; or (4) brought into contact with pots, pans, containers, or utensils that were cleaned in a dishwasher also used for non-kosher kitchen items. [Ex. 4 (Rabbi Putney Decl.), ¶ 14] Kashruth also requires strict separation of meat and poultry from dairy products—they cannot be consumed in the same meal or prepared and served in common vessels or with common utensils.

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