Muslim Woman Sues San Bernardino County Over Religious Freedom in Jail (12/6/2007)
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LOS
ANGELES— A 29-year-old Muslim woman who was forced by deputies to remove her
religious head covering while she
was in custody in San Bernardino County’s West Valley Detention Center, filed a
lawsuit in U.S. District Court Wednesday asserting that her religious freedom
rights were violated under the First Amendment by San Bernardino county
sheriff’s deputies.
Jameelah Medina, of
Rialto, was arrested at the
Pomona station of Metrolink’s
commuter rail system on Dec. 7,
2005, for having an invalid train pass. She was taken to the
West
Valley Detention
Center in Rancho
Cucamonga for processing.
Medina, who was born in
the United States and raised in a Muslim family, wears a headscarf known as a
hijab to cover her hair, ears, neck and part of her chest. Many Muslim women, like
Medina, believe that they should be
covered at all times in the presence of men who are not members of their
immediate family.
Despite her repeated
requests to keep her head covered during her day-long incarceration, she was
forced to remove her hijab in the presence of men she did not know and to remain
uncovered for much of the day.
“I
tried to tell the officer not to make me remove it because it is part of my
religion,” said Medina. “Even after
the officer had searched me and found nothing, she would not give me back my
scarf. I felt humiliated, exposed.”
Medina
was never prosecuted in connection with this arrest.
The
lawsuit is being filed by the American Civil Liberties Union and the ACLU of
Southern California.
“In
this country, we have the right to practice our religion even when we are in
jail or prison,” said Ariela Migdal, staff attorney for the Women’s Rights
Project. “San Bernardino
County didn’t give Jameelah Medina
any reason for forcing her to remove her headscarf, and there is no good
reason.”
Hector Villagra,
Director of the Orange
County office of the ACLU of Southern
California, who filed a similar case three months ago in the city of
Orange, said other law enforcement
agencies have procedures that allow Muslim women to wear the hijab.
“Other correctional
systems, including the federal prisons, allow women to wear headscarves when
they are in jail or prison, and San
Bernardino County
violated Jameelah Medina’s rights when they didn’t allow her to do so. If other
jurisdictions can do it, so too can San
Bernardino.”
The
attorneys on the case are Ariela Migdal and Lenora Lapidus from the
national ACLU Women's Rights Project, Hector Villagra and Ranjana Natarajan
of the ACLU of Southern California, and Daniel Mach of the national ACLU
Program on Freedom of Religion and Belief.
A
copy of the complaint can be found at: www.aclu.org/womensrights/gen/33010lgl20071206.html
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