Lawsuit Alleges Forced Hijab Removal by Jailers in Alarming Rights Violation

In a deeply disturbing development that has sent ripples through civil rights communities, two Muslim women have launched a federal lawsuit accusing the Orange County Sheriff’s Department of flagrantly violating their religious freedom. The women allege their sacred head coverings, hijabs, were forcibly removed during their arrest and booking following a pro-Palestinian protest at UC Irvine on May 15, 2024. This incident, civil rights attorneys assert, represents not just a disregard for deeply held religious beliefs, but a direct affront to fundamental human rights guaranteed under both state and federal law.

At a press conference held Tuesday morning at the Council on American-Islamic Relations (CAIR-LA) Anaheim office, attorneys painted a harrowing picture of the events that transpired. Salma Nasoordeen and Shenai Aini were among dozens of protesters "swept up" during the demonstration before being transported to the Intake Release Center at the Central Jail Complex in Santa Ana. There, during "grueling hours at the mercy of sheriff’s deputies," both women were "repeatedly commanded to remove their hijabs."

"This stripped them of something far more sacred than fabric," declared Dina Chehata, a civil rights attorney with CAIR-LA, her voice echoing with conviction. "For Muslim women who cover their bodies and hair, the hijab is an act of worship. It is a sign of their submission to God. It is a shield of dignity. And it is a sincerely held religious belief that is not optional or decorative."

Chehata underscored the principle that underpins human rights organizations' unwavering support for the right to wear the hijab: "It is not for the state to decide when it can be removed. Our laws are clear, people do not shed their religious rights when they are arrested. They don’t become less worthy of respect because they dissent. And they are not required to surrender their faith at the jailhouse doors."

The Orange County Sheriff’s Department, in a statement responding to the lawsuit, vehemently denied the allegations, asserting their commitment to upholding individuals' rights to lawful protest and the First Amendment right to religious freedom. The department labelled the accounts shared at the press conference as "misleading and inaccurate."

However, the lived experiences of Aini and Nasoordeen paint a starkly different picture. Shenai Aini bravely recounted witnessing a law enforcement officer allegedly rip her hijab off and stomp on it during her arrest, which occurred in full view of news cameras covering the protests. The humiliation deepened, she said, when she was later forced to remove her hijab for booking photos at the jail.

"My hijab is the ultimate sign of my faith," Aini stated, her voice trembling with emotion. "It serves as my identity, my protection and my faith. A year later, I am still deeply affected. I still hear my pleas to be covered, along with flashbacks reminding me my religion was disrespected and I was spiritually harmed."

Salma Nasoordeen described being "coerced" by a deputy who convinced her to remove her hijab with the deceptive assurance, "The faster you do this, the faster you can get out of here." Nasoordeen candidly shared her internal struggle: "I was worried there would be implications if I did not comply. I tried to stay strong, but as those feelings settled, I felt like a little kid who had no one to protect them."

The lawsuit, filed at the federal courthouse in Santa Ana, further alleges that the area where Nasoordeen and Aini were photographed without their hijabs was visible to men, intensifying their distress over the potential viewing of these photos by non-family members. This concern touches upon a deeply personal aspect of Muslim women's modesty and privacy, which human rights advocates fiercely defend.

Sheriff officials, in their defense, denied that any women were required to remove their hijabs in front of male employees or the public, claiming the women "voluntarily" removed their hijabs for booking photos and immediately put them back on. They also asserted that booking photos are not publicly releasable.

"Unfortunately, false and divisive statements made to the public only serve to undermine trust and incite fear," the department's statement concluded, emphasizing their collaboration with various religious groups and their policies to balance constitutional rights with safety and security.

This is not the first time the sheriff’s department's policy on religious head coverings has faced legal challenges. In 2013, the department entered into an agreement with the ACLU of Southern California, committing that Muslim women would no longer be required to remove religious head coverings in front of male deputies while in custody. This agreement, which also extended to members of other faiths like Orthodox Jews and Sikhs, resolved a lawsuit from 2006.

Orange County prosecutors have filed misdemeanor charges against dozens of protesters from the UC Irvine demonstration, with most expected to enter a diversion program. However, for Salma Nasoordeen and Shenai Aini, this lawsuit transcends the protest itself. It is a poignant assertion of their fundamental right to religious expression and dignity, a right that human rights organizations globally champion as indispensable for all individuals, regardless of their circumstances. The outcome of this legal battle will undoubtedly set a significant precedent for the protection of religious freedom within custodial settings.