NEW YORK (JTA) – A federal appeals court told a kosher hot dog vendor in New York that its agreement with Citi Field precludes it from selling kosher products at the stadium on Shabbat.
Kosher Sports Inc. had a 10-year contract with Citi Field, home of the New York Mets, to sell hot dogs, sausages and other kosher products in the stadium through October 2018. In 2010, the kosher food distributor sued Citi Field operators for preventing its workers from selling their products on Friday nights and Saturdays, and for attempting to stop the company from obtaining a fourth food cart.
In its ruling Tuesday, the U.S. Second Circuit Court of Appeals in New York found that the agreement "did not cover when or where KSI could sell its kosher food products," and therefore Citi Field was within its rights to restrict sales on the Sabbath. The court also awarded Citi Field $55,000 and rejected Kosher Sports Inc.’s request to reverse a court decision from February 2012 that found the vendor failed to make payments on time.
"KSI had no right under the unambiguous terms of the agreement to sell its products at Citi Field on Fridays and Saturdays,” the court wrote.
The vendor launched its $1 million lawsuit three years ago, claiming that it had lost $500,000 in profits because its stands were not allowed to open during Sabbath games or events. Kosher Sports said it had received permission from kosher-certifying authorities to open the stands to sell food items on the Sabbath, but the rabbi who certifies the stands denied that claim.