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Jailed for Wearing Headscarf at Courthouse, Muslim Woman Sues; Others Object to Airport Searches

By Martha Neil

December 23, 2010, 6:53 pm CST

Arrested, cited for contempt and jailed after she tried to wear a headscarf into a Douglasville, Ga., court two years ago, a Muslim woman filed a federal civil rights lawsuit against the city earlier this month.

The litigation is one of a number of pending suits in which Muslims not only say they have been denied their civil rights but may have been singled out for discrimination due to bias against their religion. Although many individuals object to new airport-screening procedures, for instance, having to choose between either an electronic scanning that reveals body contours or a full-body patdown is particularly difficult for observant Muslim women who comply with religious rules requiring modesty and head coverings, points out a Washington Post article today.

Some are opting not to fly unless it is absolutely necessary, as an Electronic Privacy Information Center suit alleging that the scanners violate the Religious Freedom Restoration Act wends its way through the judicial process. Meanwhile, those who do, including individuals of other religions who follow similar practices, say they are often disproportionately targeted for so-called secondary screening requiring removal of head coverings.

Some Sikhs have been told to put their turbans through the X-ray scanner, Rajdeep Singh, who serves as director of law and policy at the Sikh Coalition, tells the newspaper. “For a Sikh, that’s akin to a strip search.”

In a written response to the group’s objections, before the suit was filed in July, the TSA said the scanners don’t amount to a “substantial burden” under the Religious Freedom Restoration Act because passengers can request a pat-down search instead, the Post reports.

In Georgia, Lisa Valentine had been trying to accompany a then 19-year-old nephew into the municipal courthouse in Douglasville in December 2008 when she was told by an officer at a security checkpoint to remove her hijab, which is considered a mandatory part of a woman’s public attire by many observant Muslims. At that point, she told the officer the policy was discriminatory and tried to leave, but was arrested, according to Reuters.

Municipal Court Judge Keith Rollins then cited her for contempt, and she was forced to remove her headscarf, handcuffed and jailed for part of the day. However, she was released later and the contempt charge, including a 10-day jail sentence from Rollins, was dismissed.

Suing with the help of the American Civil Liberties Union of Georgia, Valentine is seeking damages for “severe discomfort,” emotional distress and humiliation.

She was without her head covering while in a holding cell, riding in a bus with male inmates and at the Douglas County jail, which was “very traumatic,” she tells the Atlanta Journal-Constitution.

“This was part of my religious adherence to be covered in public and at home if you have visitors,” says Valentine. “This is a part of my covering, my modesty, just like my top. I wouldn’t go out without a shirt on. It’s the same thing as not wearing my head covering.”

The Georgia Judicial Council last year adopted a policy that religious head coverings can be worn in all state courthouses and recommended that any required removal during a search be done in a private area by an officer of the same sex, the newspaper reports. However, that policy hasn’t been adopted by Douglasville, to the best of the ACLU’s knowledge, says Azadeh Shahshahani, who works with the group’s Georgia chapter.

At least three individuals representing Douglasville and its police department did not comment when offered a chance to do so by the two news organizations.