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Muslim Woman Sues Police For Forcing Her To Remove Hijab

The Dearborn, Michigan area is home to one of the largest Muslim populations in the United States, so this can’t be blamed on some small-town cops ignorant of the law. Of course, since that “law” is actually the First Amendment to the U.S. Constitution guarantee of freedom of religion, even that is not much of an excuse.

So we’re left with the “What were they thinking?” defense.

A Muslim woman who was forced to remove her hijab by police in Michigan claims her religious rights were violated. She filed a civil rights lawsuit demanding the policy change.

Malak Kazan, 27-years-old, is suing the police department and city of Dearborn Heights, a suburb of Detroit, after officers refused her request to keep her headscarf on while taking booking photos.

Kazan was stopped for a traffic violation and arrested after the cops found her license had been suspended for outstanding traffic tickets. Fair enough. At the police station she was told to remove her headscarf. When she said that would violate her religious beliefs, the cops said there were no exceptions. A supervisor said the same thing. Kazan says she then requested a female officer take the picture, also denied. Her lawsuit says she was threatened with further detention if she didn’t comply. Kazan reluctantly removed her hijab and was photographed under protest.

The lawsuit demands the police department change its policy to allow headgear worn for religious purposes.

Dearborn Heights Police Chief Lee Gavin said his department requires individuals to remove head coverings, as they can “contain concealable items that could pose a threat or chance of injury to the cops or to themselves.” He said procedure is to have women remove hijabs in the presence of a female officer, but there aren’t always enough female officers at the station.

The Chief did not explain why any such search was not conducted prior to the booking photo, at which time Kazan had already been in police custody for some time. Any threatening objects concealed could have long come into play at that point. Typically suspects are searched at the time of arrest, and immediately upon arriving at the police station.

After various legal actions, several cities, including all of Orange County, California and Washington, DC, have changed their policies to allow hijabs and other religious headgear. Generally, so does TSA. An officer may request removal of religious headgear only when a traveler is unable to pass metal detection, or after a pat down when a concern has not been resolved.

Reminder: It will be the taxpayers on the hook for the costs of litigation, plus any settlement offered to Kazan.

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Peter Van Buren writes about current events at blog. His book,Ghosts of Tom Joad: A Story of the #99Percent, is available now from Amazon

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Peter Van Buren

Peter Van Buren

Peter Van Buren has served with the Foreign Service for over 23 years. He received a Meritorious Honor Award for assistance to Americans following the Hanshin earthquake in Kobe, a Superior Honor Award for helping an American rape victim in Japan, and another award for work in the tsunami relief efforts in Thailand. Previous assignments include Taiwan, Japan, Korea, the UK and Hong Kong. He volunteered for Iraq service and was assigned to ePRT duty 2009-10. His tour extended past the withdrawal of the last combat troops.

Van Buren worked extensively with the military while overseeing evacuation planning in Japan and Korea. This experience included multiple field exercises, plus civil-military work in Seoul, Tokyo, Hawaii, and Sydney with allies from the UK, Australia, and elsewhere. The Marine Corps selected Van Buren to travel to Camp Lejeune in 2006 to participate in a field exercise that included simulated Iraqi conditions. Van Buren spent a year on the Hill in the Department of State’s Congressional Liaison Office.

Van Buren speaks Japanese, Chinese Mandarin, and some Korean (the book’s all in English, don’t worry). Born in New York City, he lives in Virginia with his spouse, two daughters, and a docile Rottweiler.

Though this is his first book, Peter’s commentary has been featured on TomDispatch, Salon, Huffington Post, The Nation, American Conservative Magazine, Mother Jones, Michael Moore.com, Le Monde, Daily Kos, Middle East Online, Guernica and others.

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