Passover Bondage

Michigan prisoner who won Passover rights
for fellow inmates will observe the holiday alone.

AMY MINDELL

Special to the Jewish News

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or the few dozen Jewish pris-
oners in Michigan's correc-
tional system, Passover —
the holiday of freedom —
can be a reminder of their own bondage.
Although the Michigan Department
of Corrections (MDOC) has a stated
policy of working to ensure religious
rituals can be observed, Jewish prison-
ers in the past have complained that
their efforts to hold a Passover seder
have been thwarted.
One lifer, Harry Whitney, sued
MDOC in 1989, and won the right to
conduct Jewish religious services at the
Jackson prison complex, including a
seder and Shabbat services.
This year, however, because of a rou-
tine prisoner transfer, Whitney may be
eating matzah alone in his cell or with
a very small group of inmates at a dif-
ferent prison.
Whitney's 1989 lawsuit allowed
Jewish inmates to hold services at the
State Prison of Southern Michigan at
Jackson, including a full-length annual
seder. Each prisoner is allowed to
invite two friends or family members,
and it is a highly anticipated event.
Whitney, in jail since a 1967 first-
degree murder conviction, was trans-
ferred at the end of March to the
Carson City facility. Carson City is
between Lansing and Mt. Pleasant.
There is no provision for a seder at
Carson City, nor will Whitney be
allowed to invite friends or family.
And, because Carson City has few, if
any, Jewish inmates, Whitney will not
celebrate Passover in a large group.

Law And Security

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www.einsteinbros.com

There are perhaps 60 Jews among
Michigan's 46,000 prisoners. About half
are incarcerated in the Jackson complex.
According to prison officials, the law-
suit did not require the state to provide
a seder at any prison outside Jackson.
Dave Burnett, the special activities
coordinator for MDOC whose respon-
sibilities include religious affairs, said
prison officials work hard to ensure
inmates can observe religious rituals.
"We're willing to accommodate a
required religious ritual," Burnett said.

"But prison is one of those special set-
tings where there are a lot of different
concerns, such as security and ensur-
ing safety. It's potentially a breach of
security when you are bringing civilian
guests into a facility. It's difficult to
manage, difficult to ensure safety."
Whitney will receive a Passover
package and can have a seder at
Carson City, Burnett said.
Adds Matt Davis, the MDOC
spokesperson, "We take great care and
go to great lengths to ensure that appro-
priate religious rituals are observed."
Rabbi Allen Ponn, the part-time
rabbi at Jackson prison and rabbi emer-
itus at Jackson's Temple Beth Israel, is
not alarmed by Whitney's transfer.

Routine Transfer

"Harry can't escape prison transfers. It's
part of the system," the rabbi said. "He
went to many large seders over the years.
This year, he'll have a smaller one. I don't
know that it's a unique situation for the
lifers. Prison life is extremely complicated.
Prisons never come together perfectly."
Joe Florian, a Jewish convert who
was in prison for a decade on a sec-
ond-degree murder charge and is now
living in Adrian, said he faced trouble
from prison officials when he tried to
observe Jewish rituals.
"Because I was a convert, they didn't
take my needs seriously. Prison officials
ignored me. I ),vas transferred to
Coldwater prison in 1997, and asked
the warden and the chaplain for the
Passover seder there. I was denied. It
took a lot of paperwork and legal
research to get myself transferred back
to Jackson, where I could join the seder.
"If you don't fight for yourself, or
have anyone on the outside who can
help you. and make phone calls, then
you're hit, you're done," Florian said.
According to Florian, who is a close
friend of Harry Whitney, "The fight isn't
about Harry's Passover seder. It's for all the
Jewish prisoners. Prisoners shouldn't be
afraid to fight to observe their religion."
Florian points to recent federal legis-
lation, the 2000 Religious Land Use
and Institutionalized Persons Act, as a
sign of hope. He believes if the
Michigan attorney general enforced the
act, the religious situation for all
Michigan's prisoners would improve. E