New suit challenges revised state statute as ‘usurping’ local Conservative certifier.
The Long Island kosher butchers who successfully challenged the state’s kosher law in 1996 are now asking that the revised law be thrown out as a violation of religious freedom.
In court papers filed with Court of Claims Judge Frank P. Milano in Albany, the butchers allege that the revised kosher law “usurps the religious authority” of their local kosher supervisor. In addition, they said it fails to take into account the different standards of kashrut practiced today.
New York's kosher law, which regulates the labeling and marketing of kosher food, does not violate the Constitution's First Amendment, a federal appeals court ruled.
The three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan ruled May 10 in a constitutional challenge to the New York State Kosher Law Protection Act of 2004. Previously, kosher was defined legally as “according to orthodox Hebrew religious requirements.” Several butchers challenged the law in a 1996 suit.
Rejects Commack plaintiff’s claim alleging discrimination against non-Orthodox.
New York State’s kosher laws, rewritten in 2004 to make them a labeling and disclosure law, are constitutional, a Brooklyn federal judge ruled last week in dismissing a suit by the Commack, L.I., butchers who successfully challenged the original law.