Commack Self-Service Kosher v. Hooker, No. 11-3517 (2d Cir. 2012)Annotate this Case
Plaintiffs appeal from an order of the district court dismissing their complaint for failure to state a claim upon which relief could be granted. Plaintiffs argued that New York's Kosher Law Protection Act of 2004 (Kosher Act), N.Y. Agric. & Mkts. Law 201-a-201-d, violated the Establishment and Free Exercise Clauses of the First Amendment and was unconstitutionally vague. The court held that the Kosher Act did not violate the Establishment Clause because it neither advanced or impeded religion, had a secular purpose, and did not create an excessive entanglement between state and religion. The court further held that the Kosher Act did not violate the Free Exercise Clause because it was neutral, generally applicable, minimally burdensome, and had a rational basis. Finally, even under the strictest scrutiny, the inspection provision was not void for vagueness. Accordingly, the court affirmed the judgment.