Georgia Woman Sues State Courts for Jailing Her for Headscarf

Islam Today

Wed, 15/12/2010

The American Civil Liberties Union (ACLU) has filed a lawsuit on behalf of a Muslim woman in Georgia who was arrested and imprisoned for refusing to remove her headscarf in court.

Two years ago at the Douglasville Municipal Court, Lisa Valentine unwittingly sparked a controversy when she wore a traditional Muslim headscarf known as a hijab on 16 December 2008 while attempting to accompany her then 19-year-old nephew to traffic court. She was jailed after refusing to remove the headscarf she wore as an expression of her Islamic beliefs.

On Tuesday, Valentine returned to the courthouse to announce she was filing a federal lawsuit against the city and the officers who arrested her.

"It's an important day; it's the start of change," said Valentine, a 43-year-old African-American woman who converted from Christianity to Islam 14 years ago. "These policies have to change."

Municipal Court Judge Keith Rollins ordered her arrested and jailed for 10 days for contempt of court when she refused to remove her hijab at the security station, protested aloud and tried to leave.

Valentine was released later the same day after senior staff members of the police department met with the judge and determined her resistance was passive.

Valentine's suit argues that by prohibiting her from wearing a headscarf in court, the city violated her constitutional rights to free expression of religion.

The wearing of headscarves in public buildings has sparked controversy in the U.S. and Europe including in France where authorities banned the wearing of headscarves in schools on the grounds that they violated the country's principle of secularism.

Valentine suffered "severe discomfort, humiliation and emotional distress," from the incident, according to the suit.

"To Mrs. Valentine, wearing a headscarf is a reminder of her faith, the importance of modesty in her religion, and her religious obligations, as well as a symbol of her own control over who may see the more intimate parts of her body," the suit states.

Assistant Chief Gary Sparks of the Douglasville Police Department referred questions about the lawsuit to the city attorney, who did not return calls seeking comment Tuesday. Rollins also did not return a reporter's call to his office Tuesday.

Valentine's cause was taken up by organizations such as the ACLU and the Anti-Defamation League, who expressed concern about restriction of religious freedoms and discrimination against Muslims following the Sept. 11, 2001 terrorist attacks.

"Muslim Americans after 9/11 have experienced all types of discrimination and increasing governmental crackdown," said Azadeh Shahshahani of the ACLU of Georgia. "All these types of discrimination are a huge concern to the ACLU. When it comes to the religious diversity, every American should have the right to practice their faith free from government intrusion."

Valentine's case prompted reform in July 2009 when the Georgia Judicial Council, the policy-making body of Georgia courts, adopted a recommendation that clarified that religious head coverings can be worn in Georgia courthouses. If it becomes necessary to search someone wearing a head covering, the council recommended that such inspections be performed by an officer of the same sex in a private area.

The American Civil Liberties Union and its Georgia chapter, which filed the lawsuit on Valentine's behalf, is seeking unspecified damages to compensate Valentine for alleged emotional suffering and violation of her constitutional rights. They are also asking the U.S. District Court for the Northern District of Georgia to command the Douglasville Municipal Court to adopt the recommendation.

"As far as we know, they have not adopted the policy," Shahshahani said.

Valentine said her arrest, during which time she was forced to remove the hijab while in a holding cell, on a bus with male inmates and at the Douglas County jail, was "very traumatic."

"This was part of my religious adherence to be covered in public and at home if you have visitors," Valentine said. "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."

Sources:

Laurie Goodsteen, “Georgia: Lawsuit Over Muslim Woman’s Head Scarf” The New York Times December 15, 2010

Andria Simmons, “Muslim woman's headscarf incident prompts ACLU lawsuit” Atlanta Journal Constitution December 14, 2010

David Beasley, “Muslim woman sues Georgia city over headscarf arrest” Reuters December 14, 2010