Scott James/The Bay Citizen

David McDonald, 70, at his shop The Pleasure Principle in downtown Mill Valley

What started as the dubious drug bust of a beloved, elderly Mill Valley merchant — a case that rattled many in this bucolic burb — is morphing into a clash about vegetarian rights. Dave McDonald, 70, of Mill Valley, has been a vegetarian for 42 years. But when he was jailed recently for 99 days on drug-related charges (most of which were later dropped), McDonald was denied vegetarian meals.

He refused to eat anything that he did not know was animal-free, and as a result, his weight plummeted nearly 50 pounds to 155.

“I don’t want animal corpses on my plate,” said McDonald, who is now free on bail. “My belief in not hurting animals is more powerful than any religious belief.”

Had McDonald said he was a vegetarian for religious reasons, or because of a medical condition, the county would have been legally required to comply. But Marin County officials said that simply believing in the sanctity of animal life was not enough.

Ingrid Newkirk, president of People for the Ethical Treatment of Animals, called what happened to McDonald “cruel and unusual punishment,” and animal rights advocates are now positioned to wage war on his behalf.

“We would certainly be willing to help him,” Newkirk said, suggesting that the county could be sued. “A moral position is as strong as a religious conviction.”

The case has shed light on the complexities and inconsistencies of nutrition in California’s penal system. Title 15, a set of regulations governing imprisonment, seems to support the county’s policy of providing special diets only for religious or medical needs.

But in an age in which an increasing number of people have developed strong feelings about what they eat, jails in nearby San Francisco and Contra Costa Counties take a more lenient approach and provide vegetarian meals on request.

Michael Risher, a staff lawyer for the American Civil Liberties Union of Northern California, said personal beliefs that represent a “spiritual world view” not associated with an organized religion were often disregarded in prison.

Still, Risher said, since the Marin County jail already has the ability to serve vegetarian meals for religious reasons, McDonald’s request should have been honored.

“It seems outrageous that they let a 70-year-old lose 50 pounds when the remedy was so clear,” Risher said.

Jan Wyatt-Lucha, a registered dietitian and food service manager for the jail, said the county had complied with the law and warned that accommodating a multitude of diet demands from the facility’s 300 inmates was problematic.