packages for Schlesinger when there is another way of accommodating his religious beliefs.
The Court recognizes that its decision will not permit Schlesinger to exercise his religious beliefs to the same extent as he could if he were not incarcerated. The Court's order will, however permit him the maximum amount of religious freedom in this regard which is consistent with the legitimate concerns of the Bureau of Prisons. The Constitution requires that no more be done.
Bearing in mind the procedural position of the case, the Court will address the special requirements for interlocutory injunctive relief. Generally, a temporary restraining order or preliminary injunction is issued to maintain the status quo. The Continental Group, Inc. v. AMOCO Chemicals Corp., 614 F.2d 351, 356-57 (3d Cir.1980). In this case, however, Schlesinger wants to alter the status quo. It is the Court's view that this fact does not prevent the Court from ordering interlocutory relief. It does require the Court to ensure that in addition to establishing the usual elements entitling a party to preliminary relief that there has been demonstrated a probability of success on the merits, that the harm is imminent and that the harm to be avoided by granting the relief outweighs the harm to the respondents and if relevant, third parties, see A. O. Smith Corp. v. FTC, 530 F.2d 515, 525 (3d Cir.1976); Delaware River Port Authority v. Transamerican Trailer Transport, Inc., 501 F.2d 917, 919-20 (3d Cir.1974) Schlesinger must convince the Court that the equities tip decidedly in his favor.
Based on the evidence presented Schlesinger has made the required showing. As the preceding discussion indicates, Schlesinger has shown a probability of success on the merits on his Passover claim. The Court is convinced that if Schlesinger is not afforded relief, he will not eat non-kosher food until he is in danger of death. This is clearly imminent, irreparable harm. The Court perceives little hardship to the respondents-defendants if Schlesinger is given the relief contemplated by the Court. The public interest will not be adversely affected by an order requiring prison officials to permit Schlesinger to have a hot plate and access to a room to prepare his meals. It is the Court's view that the nature of the injury which will be suffered by Schlesinger if relief is not granted far outweighs any harm which might befall the respondents-defendants or the public if Schlesinger is granted interlocutory relief.
Based on the foregoing, the Court reaches the following conclusions of law.
1. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1361, and 2241.
2. Although the Respondent-defendants have complied with the regulations at 28 C.F.R. Part 547, the First Amendment requires that Schlesinger be given a heating element on which to cook his meals during Passover.
An appropriate order will be entered.
1. The respondents-defendants shall provide Schlesinger with an unused personal heating element capable of producing sufficient heat to boil or fry meat and chicken in an area of the prison camp which is separated from the kitchen and which can be secured in his absence.
2. Schlesinger shall also be provided with two sets of utensils which are either new or which Schlesinger has made kosher for Passover so that he can prepare and eat his food.
3. Schlesinger shall be provided with Empire chickens, Alle Processing Co. meats, fresh fruits, vegetables and potatoes. Such of those items as must be refrigerated or frozen shall be stored only in the kosher refrigerator or kosher section of the freezer and Schlesinger shall be given materials completely to wrap or cover any unsealed foods.
4. In lieu of complying with Paragraphs 1 through 3 of this order, Respondent-defendants may elect
(a) to transfer Schlesinger to a community treatment center in New York City during Passover or