RLUIPA.org
RLUIPA Claim Denied
Keesh v. Smith, (N.D.N.Y. March 2, 2006)
A federal district court recently rejected a RLUIPA claim where the sincerity of the prisoners’ beliefs was in question. In Keesh v. Smith, two prisoners claimed adherence to a faith started by one of the plaintiffs; that plaintiff also wrote the sacred text, which contained tenets such as non-participation in specific prison activities. The religion also mandated a special diet prepared by the prisoners themselves, possession of various religious materials and audio devices, and martial arts lessons with a personal trainer. The court found that these practices were likely no more than an attempt to circumvent prison rules, and that the prison had a legitimate security interest in enforcing its regulations against the plaintiffs.