Muslim Women File Lawsuit Against Orange County Sheriff’s Department Over Hijab Removal Incident
Two Muslim women have initiated a federal lawsuit against the Orange County Sheriff’s Department, claiming that deputies improperly compelled them to remove their hijabs while in custody. This legal action follows their arrest during a pro-Palestinian encampment protest at the University of California, Irvine in May 2024.
Background of the Incident
On May 15, 2024, Salma Nasoordeen, a youth coordinator with the Council on American-Islamic Relations (CAIR-LA), and Hasna “Shenai” Aini, a student at UC Irvine, participated in a demonstration that resulted in the arrest of 47 individuals by law enforcement, including the O.C. Sheriff’s Department. The protest was dispersed after an unlawful assembly declaration was made.
Claims of Rights Violations
During a news conference held in Anaheim, CAIR-LA announced the lawsuit, asserting that both women experienced significant violations of their religious rights while in custody. Aini alleged that, during her arrest, a deputy “repeatedly and deliberately stomped” on her hijab, which caused it to unravel, exposing her hair to male officers and others present.
“My hijab, my hijab,” Aini reportedly pleaded at the time, but her requests were ignored.
Private Search Procedures and Booking Photos
The incident escalated when Aini was later asked by a female deputy at the Orange County Intake Release Center to remove her hijab during a search. According to the lawsuit, Aini’s booking photo was taken without her hijab, allegedly within view of male staff. Nasoordeen had a similar experience, where a female deputy ordered her to remove her Adidas hijab and another religious head covering. Both women claim these events occurred in areas accessible to male personnel.
Statements from the Plaintiffs
“My hijab is the ultimate sign of my faith,” Aini expressed during the press event. “This was an attack, not only on myself, but on every Muslim woman on that day.” Nasoordeen shared her shock and embarrassment upon being asked to remove her hijab, describing it as a deeply humiliating experience.
Details of the Lawsuit
The filed complaint names the County of Orange, Sheriff Don Barnes, and unnamed deputies as defendants. CAIR-LA’s civil rights managing attorney, Dina Chehata, emphasized the broader implications of this case, stating, “If this country means what it says about freedom of religion, then it must mean it for Muslim women.”
Response from the Sheriff’s Department
In response to the lawsuit, Carrie Braun, a spokesperson for the sheriff’s department, labeled the women’s claims as “misleading” and “inaccurate.” She stated that women were asked to privately remove their hijabs only once for a booking photo, with female deputies present. The department asserts that its policy on religious head coverings mandates that searches requiring removal be conducted by same-gender deputies.
Comparison to Other Law Enforcement Policies
The lawsuit references a precedent set by the New York Police Department, which permits individuals to wear religious head coverings in booking photos. It also highlights a previous case from 2007 involving the O.C. Sheriff’s Department, which resulted in a settlement regarding the treatment of Muslim women’s hijabs in custody.
Impact on the Plaintiffs
Aini noted that a year after the incident, she continues to feel the emotional toll of the experience. “I still hear my pleas to be covered,” she said, reflecting on the disrespect she felt towards her faith during the arrest and its lingering impact on her spiritual well-being.
Conclusion
This case raises significant questions about the treatment of religious minorities within the criminal justice system, particularly regarding the protection of religious freedoms during incarceration. The lawsuit will likely serve as a focal point for discussions about proper training within law enforcement agencies regarding the treatment of religious head coverings.
