ACLU Sues City Over Muslim Head Covering
The lawsuit alleges a woman's rights were violated when she was arrested two years ago and charged with contempt of court.
The Georgia ACLU sued the city of Douglasville and three police officers today on behalf of a Muslim woman who says her rights were violated in Douglasville Municipal Court during an incident in December 2008.
Lisa Valentine, a Douglas County resident, was told she could not enter the courtroom while wearing a Muslim headdress and was handcuffed and jailed when she protested.
Valentine was accompanying a nephew to a traffic hearing and was told it was against court policy to wear a head covering in court. She protested while attempting to leave. Officers arrested her, removed her headgear and jailed her for several hours on a charge of contempt of court.
"By locking up Ms. Valentine and forcing her to remove her head covering in public, officers not only showed extreme indifference to her fundamental right to practice her faith, but also humiliated her and caused her unnecessary emotional suffering," ACLU lawyer Azadeh Shahshahani said in a news release.
Shahshahani said the ACLU is suing in U.S. District Court for "the wrong Ms. Valentine suffered because of the violation of her First and Fourth Amendment rights. We're seeking a redress to see that the Douglasville Municipal Court specifically adopts the policy that was recommended by the Georgia Judicial Council or any policy where a person of faith's First Amendment rights are respected."
The three arresting officers named as defendants in the lawsuit are city police Officers Laura Mullis, David Camp and James Meinke.
After the arrest and release Dec. 16, 2008, the court's chief judge issued a rule in January 2009 allowing for "special provisions" for those who wish to wear religious head coverings in the courtroom.
Thanks in part to testimony by Valentine, the Georgia Judicial Council issued a nonbinding policy in July 2009, recommending Georgia courthouses allow the wearing of religious head coverings.
City Clerk Joyce Stone had no comment, saying she had not seen the lawsuit. Other city officials, including Mayor Mickey Thompson, have not returned phone calls or e-mails yet.
Valentine was sentenced to 10 days in jail for contempt of court. She spent several hours in the courthouse and the jail, then was released that evening after police determined that her resistance was only verbal and not physical.
"I hope that no person of faith will ever have to experience the type of egregious treatment I suffered at any Georgia courthouse because of the expression of my beliefs," Valentine said in the ACLU news release.
"Ms. Valentine's treatment by these officers and the judge was plainly unlawful and simply wrong," Daniel Mach, the director of the ACLU Program on Freedom of Religion and Belief, also said in the release. "The government should never intrude on anyone's basic right to observe her faith, let alone throw her in jail for asserting her right to do so."
The lawsuit seeks unspecified punitive and compensatory damages and requests a jury trial.
CRAIG
6:00 pm on Tuesday, December 14, 2010
Ah! COMPENSATORY AND PUNITIVE DAMAGES. AND, THEY WAITED ALMOST 2 FULL YEARS TO FILE. APPARENTLY FOR 2 YEARS SHE WAS FINE. CAN YOU SPELL M-O-N-E-Y NOT RIGHTS?
mike
12:14 am on Wednesday, December 15, 2010
people like this is whats wrong with this country,50 years ago i bet she would have taken it off and shut her mouth but now days they get to sue and get paid why work when you can sue whenever you dont like the rules liberals lol
Jerry Johnson
7:35 am on Wednesday, December 15, 2010
I would love to be on the jury for that trial. What next...wear whatever you want and simply say it's a religious headgear ?? Give me a break, why does the United States of America change for one person at a time...we have to show her respect...but she doesn't have to show a court of law respect ?? aclu have their feet sticking out the windows of hell.
yvonne
8:12 am on Wednesday, December 15, 2010
Would the same thing have happened if the person was a NUN or an AMISH or a MENNONITE person....I THINK NOT!!!!!!!!!!!!!!!!!!!
Maroontiger
10:49 am on Wednesday, December 15, 2010
M-O-N-E-Y yes thats what its about! and thats what it should be about. the city of douglasville is all about money so why should she not sue for money. Craig what do u think she should accept? "IM SORRY" she was dis robed in public and sent to jail for practicing her religion. This country was built on religious freedoms and the CITY OF DOUGLASVILLE should not be allowed to inflict it RACIST view on the rest of the world. What we really need is to have the judge stripped down to his boxer and drag off to jail when the new Government Building opens in Douglasville that would satisfy me
Rosa Mimosa
11:36 am on Wednesday, December 15, 2010
For those of you who are angry with the woman for filing a lawsuit for being treated so badly, just imagine if you, your wife, mother or daughter was treated this way. For those who simply don't know, don't want to know or are just plain ignorant, all Americans are entitled to being treated fairly and with some regard, particularly in a courthouse. This is what our country is based on in the eventy that you were not aware of it, although many of those with the nasty comments probably consider themselves patriots. Aren't you the ones who claim that "our soldiers are fighting overseas so we can be free and not live in fear"?
Based on the facts, the woman did not wait two years to file a lawsuit, but rather the trial is now being held after the general preliminary and discovery period that normally takes place with many legal matters. This is not a matter of "wear what you want and simply say it's religious headgear". If a nun or Rabbi was in the court, it is unlikely that they would have been handcuffed and thrown in jail if they refused to remove their religious clothing. For those of you who prefer to live in your own little corner of the world, throughout the US, courts make accomodations for anyone who observes their religious duties and all staff, including the judges must observe the rules.
Jim J
12:49 pm on Wednesday, December 15, 2010
Fifty years ago, Douglasville did not have a diverse religious populace so there was no bar set as to what would have happened "if". Douglasville is not the same compared to fifty years ago and neither is Atlanta or the nation, and fifty years before that, Ellis Island was a well known spot to the rest of the world. Fifty years ago, I went to school at Douglasville Elementary and there was one Roman Catholic student who admitted he was Roman Catholic. There was no one of the Jewish faith, or at least anyone who would admit it. Young African Americans could not cross the railroad track in Douglasville and attend the elementary school or Douglas County High School. The bathrooms and water fountains at the courthouse were marked White and Colored. The local movie theater would only let "colored people" sit in the balcony and they had to enter through a side door entrance in the ally.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The narrow minded sniping that goes on today is really disturbing to me, but in reality, there will always be people who cannot look at a situation beyond the limits of their hatred and indignation.
I guess in some ways, Douglasville might just be the same as it was fifty years ago.
Jerry Johnson
9:31 am on Thursday, December 16, 2010
The last time I was in a court of law, I was told to be quiet...I did, however if I stood up and said "this is bullshit", which by the way speaks volumes for her religion, I believe the Judge should have found me in contemp of court, or anyone else that might use profanity in a court of law.
Some people are so open minded their brains are falling out, and aren't their a lot of bandwagons to jump on from years gone by. Pick and choose wisely.
David Wheeler
9:52 am on Thursday, December 16, 2010
This lady's traditions are more important than the traditions of the justice system? We do an awful lot to accomodate different types of people, but we need to draw the line somewhere.
This woman was looking for trouble. There was no need for her to even be at court that day. When she realized her personal clothing preference clashed with the court's policy, she should have simply waited outside.
Some people have much to say in defense of Valentine's outright defiance of our justice system. Those people should volunteer for a year-long trip to a Muslim nation. When they return, let's see how accepting they are of a person who wears clothes that conceal weapons and mask identities. Those people should take a few steps to the rear, get some perspective, and stand behind a system that works.
Douglasville Resident
12:39 pm on Thursday, December 16, 2010
She was not arrested for not removing her clothing. She was arrested because she started acting erratically and walking into the courtroom, even though she had been told not to. If YOU were sitting in that courtroom, would you want anyone in the world to be able to just waltz right in there without going through security? Look at what happened at the Florida school board meeting recently. Do you want that to be you because the police officer in charge of security didn't want to offend someone?
What if she was hiding a gun under her religious garb? I don't care if she was Muslim, a nun, or a Baptist preacher, if someone is wearing something that could be used to hide a bomb, gun, or other weapon and they're going to be in a public, government-owned room with me where things can get heated, I want them to go through the same security measures as everyone else.
Furthermore, in this particular case, relatives of this woman had been through the same courtroom a bit of time prior to this incident and had run into the same problem. I find it awfully ironic that she decided to go back to the court system and immediately put up a fight. This is my own opinion, but it sounds like someone was just looking for a lawsuit or some attention.
Douglasville Resident
12:39 pm on Thursday, December 16, 2010
One last thought -
As the Reverend Joseph Lowry recently said to a group of people in Douglasville who were complaining to him about the way they feel minorities are treated in the local criminal justice system. If you are so upset with the way you are being treated in the criminal justice system, the first thing you should do is STAY OUT OF THE CRIMINAL JUSTICE STYSTEM.
I believe he equated it to walking down the street, seeing a hole, and stepping into it vs. going around it. Very simple concept, yet too many people don't seem to understand it.
Jim J
10:14 pm on Thursday, December 16, 2010
Very good discussion at a good level. Let's continue trading opinions. This what America needs....A good common discussion like we used to have on a neighbors back porch back years ago!
John Barker
11:00 pm on Thursday, December 16, 2010
Thank You, LeeR that is exactly what this is supposed to be! Please keep your comments coming.
Jerry Johnson
6:45 am on Friday, December 17, 2010
The cornerstone of the community, could we call it the "Barker Shop".
Jim J
10:20 am on Friday, December 17, 2010
As I understand what happened, she walked into the security check area before entering the courtroom. I'm not one to use phrases like "bulls**t" in open public, but I will in a private gathering. Ms. Valentine evidently had no problem with the term in conjunction with expressing her opinion. Unfortunate in our everyday lives now that we hear people in restaurants, on cell phones, and other places describing their everyday life experiences colored in the language of a Subic Bay sailor, but that's life.
According to the suit, Ms. Valentine decided she didn't want to enter the courtroom after being advised by the officer of her head dress and subsequent overly verbose response to the situation. The Police Report stated Valentine’s actions were primarily verbal and her resistance passive, but the attending officer told her she must go before the judge. This is where the whole story takes a screwball turn and doesn't make much sense.
No matter what you think of the ACLU, they don't take cases on a whim. Using a George Carlin phrase, a lot of people say the ACLU will "warp your spine and lose the war for the allies". Also, a lot of folks are too young to remember, but the ACLU defended the American Nazi Party against the village of Skoki, IL in the late 70's and that case went all the way to the Supreme Court.
This case could get messy.
Clay Duda
11:28 am on Friday, December 17, 2010
"This [is] what America needs....A good common discussion like we used to have on a neighbors back porch back years ago!"
I have no real input on the issues in the article, just wanted to support and second LeeR's earlier quote (above). This may well be the difference between media "outlets" (maybe we should start calling them forums?) surviving or going under in the coming years.
Jerry Johnson
6:19 am on Friday, December 24, 2010
The ACLU claims the government "most certainly should not, be promoting religious beliefs or practices". It sounds as though they expect the government to do just that by letting this muslim do and say as she pleases. Yes, the ACLU is feared, because of the time and money spent on so petty a situation. This could get the balanced budget...unbalanced. I don't trust the ACLU anymore than they trust me...so we've reached an impasse, c'est la vie.
Jim J
10:54 am on Friday, December 24, 2010
??????????????? What does this have to do with a balanced budget.........??? The government hasn't had a balanced budget since the 1930's.
Jerry Johnson
10:55 pm on Friday, December 24, 2010
The Douglas County Government, not the United States !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Jerry Johnson
11:01 pm on Friday, December 24, 2010
It has to do with the Douglas County government...not the entire United States !!!!!!!!!!!!!!!!!
Adrian Roberts
1:04 am on Thursday, December 20, 2012
Douglasville has always been a racist city and the police and government trifle over citizens rights each and everyday. They continue to treat race and religion with the Jim Crow state of mind. We must stabd together to protect non whites from this evil.
Adrian Roberts
1:10 am on Thursday, December 20, 2012
We must stand together and police the police. Douglasville has a racist government and the police enforce this negative state of mind. I have lived in Douglasville for years and have seen people of color jailed just because they can. Where's Al Sharptonwhen you need him