Law Article: Indian inmate wins religious rights suit in Wisconsin

Last week, we reported on a case where the Southern District of Florida decided against the Florida Department of Corrections, finding its refusal to provide kosher meals to inmates violates the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court’s decision was noteworthy for its application of two recent Supreme Court decisions – Burwell v. Hobby Lobby (2014) and Holt v. Hobbs (2014) – to find a violation of RLUIPA.

Today’s post regarding the Seventh Circuit’s decision in Schlemm v. Wall (7th Cir. 2015) is cut from the same cloth. Specifically, the Seventh Circuit’s heavy reliance on Holt and Hobby Lobby confirms that denial of a prisoner’s request for a religious accommodation must be supported by more than concerns regarding costs and that any limitation on prisoner religious exercise must be achieved through the “least restrictive means” available. The Seventh Circuit overturned and remanded the lower court’s grant of summary judgment in favor of prison officials.

Prisoner Schlemm is a member of the Navajo Tribe and has been imprisoned in Wisconsin since 1999. In accordance with Navajo religious beliefs, Schlemm wished to celebrate the Ghost Feast, which is a “harvest celebration that honors the dead through dancing, praying, and eating traditional foods.” As part of his Ghost Feast observance, Schlemm sought to obtain game meat (venison), but would have been satisfied with ground beef to include in traditional Indian tacos. The prison rejected the requests for the venison and the alternative of ground beef, contending it would be too expensive to import venison to the prison, the request would “exceed the capacity of institutional kitchens,” and that importing game meat would violate the state-wide rule that prison foods must be inspected and certified by the United States Department of Agriculture (USDA). Schelmm also requested that he be allowed to wear a multi-color headband when praying in his cell and during group religious ceremonies. The prison only allows solid black or white headbands to reduce any indication of gang membership.