It should be noted for the record that Denny’s is not covered by any of the plethora of kashrut supervision services, and so one must inquire what the plaintiff was doing there in the first place. Especially since the lawsuit says she is “a practicing Jew [whose] religion forbids the eating of any pork product.” This practicing Jew definitely needs more practice.
The waitress and manager apologized for their mistake, which happened because the bacon was next to the vegetables in the kitchen. The manager even offered to make her another omelet – for free, but practicing Jew Montgomery said No, thank you, because her appetite was ruined, and chastised them: “Don’t you know how many people don’t eat pork?”
Instead of accepting a free omelet, the offended Montgomery is suing Denny’s for breach of contract and negligent representation, and is asking for monetary damages for emotional and physical distress from having eaten bacon.
It should be noted, for the benefit of future Jews who go into Denny’s for the bacon-free special, that there’s nothing significant about bacon in terms of forbidden meats under Jewish law. Jews are also forbidden to eat horse, camel, donkey, owl, mice, shrimp, lobster and many other moving things. Jews are also not allowed to eat cow meat if the cow had not been slaughtered according to Jewish law. Bacon and all the other parts of the pig are just a few items on a very long list of forbidden, deep-fried delights.
Which is not the case with Muslims, who are specifically forbidden to consume pig’s meat, while a visit to the local camel’s meat bistro is accepted. Which is why it makes much more sense for attorney Moughni to represent Mohamad Bazzi, a Muslim suing Little Caesar’s for $100 million after being served and then eating pepperoni made with pork, which was misrepresented as containing no pork.
Moughni, who showed the world how a Muslim can live off pork without violating his faith, is also representing a Yemeni-American Muslim couple from Dearborn – Askar Abubaker and Hasinah Saeed – who ordered chicken sandwiches at a KFC in Lincoln Park last July, and asked for the cheese extra – which is OK for Muslims, it turns out – only to be told they could have both a Swiss Cheese and a Bacon extra. “I’ll take Swiss only, no bacon,” Abubaker alleges he told the staff, on both chicken sandwiches.
The couple says they found bacon on those chicken sandwiches, and, you guessed it, Moughni was on hand to file a lawsuit on their behalf against KFC, for breach of contract, negligent representation, and emotional and physical distress.
One working principle in Jewish law regarding compensation for injury is to ask how much would an average person charge to experience the same injury – as in, how much to cut off his leg. With that in mind, how much would a common religious person charge to eat a piece of bacon?