LEXINGTON, Ky. (LEX 18) — A Muslim doctor said her nightmare started back in July when she was arrested on charges stemming from a minor traffic violation.
When she was booked into the Fayette County Jail, her attorney said she was required to remove her hijab.
The charges against the woman were dropped.
She got an attorney who reached out to the Council of American Islamic Relations about her treatment during the booking process.
"We let them know this is a clear violation of the doctor's constitutional rights. We asked them to make sure something like this never happens again," said deputy chair Edward Ahmed Mitchell.
Corrections Chief Colonel Scott Colvin aims to do just that with a new policy change.
"Strongly held religious beliefs are taken seriously here at the division," said Colvin.
The jail's current "religion-neutral policy" requires religious headwear to be removed to be searched and put in the arrestee's personal belongings.
But under new policy changes, any person wearing a hijab, or any religious head coverings will be allowed to keep them on through the booking process.
"If they have to remove part of it or if they have to remove it in order to capture that full face picture, then that will be done with an officer of the same gender and a private setting. The picture without the religious headwear will be kept for law enforcement purposes only. And then there'll be allowed to put their religious headwear back on and a picture taken for the public website," said Colvin.
Colvin said CAIR played an instrumental part in creating the new guidelines.
"Not all jails respond this way. Some refuse to admit the mistake. Some we have to sue. I am happy to see that this is not the case here," said Mitchell.
Changes include:
- Permitting individuals who wear religious head coverings, including Islamic hijabs, Jewish kippas and Sikh turbans, to do so.
- When it is necessary to remove religious clothing for security, such removal would occur in a private setting in the presence of a corrections officer who is the same sex as the detained person.
- Detained persons may wear religious clothing, including head coverings, in booking photographs, provided the person’s face can remain fully visible.
- Images taken of the detainee without religious clothing would be limited to internal use. Separate photos with religious clothing would be taken for public uses.
