Muslim Woman Sues over Drivers License [FL: Show your face on driver license photo; FL Woman: No]

The Orlando Sentinel ^ | Jan. 30, 2002 | P. Gutierrez and A. Rippel

[summer]

Muslim woman sues state over drivers license



By Pedro Ruz Gutierrez and Amy Rippel |
Sentinel Staff Writers
Posted January 30, 2002

WINTER PARK -- A 34-year-old woman is suing the state for suspending her Florida drivers license after she refused to have her photo taken without an Islamic veil.

Sultaana Freeman, a former evangelist preacher who converted to Islam about five years ago and wears the traditional niqab, says her religion doesn't allow her to show her face to strangers.

She filed suit earlier this month asking an Orange County judge to review her case.

"I don't show my face to strangers or unrelated males," Freeman said in an interview Tuesday at the office of her American Civil Liberties Union attorney. Only her emerald-green eyes and mascara showed through her veil.

The niqab is different from a hijab, or partial head covering, which doesn't hide the face and which some Muslim women wear for their drivers license photos.

Freeman, who is on an apparent collision course with the state, is bracing for a possible showdown on the fundamental freedoms of the U.S. Constitution.

"Florida law requires a full facial view of a person on their drivers license photo," said Robert Sanchez, a spokesman for the Department of Highway Safety and Motor Vehicles. "We have no choice but to enforce it."

Florida law says license applicants shall be issued "a color photographic or digital imaged drivers license bearing a full-face photograph."

ACLU lawyer Howard Marks argues that the law is vague. "I don't think the state statutes mandate a photograph," he said.

Marks said he also will cling to a state law on religious freedom that states the "government shall not substantially burden a person's exercise of religion. "

Barry University Professor Robert Whorf said the state is probably within its right to ask for a full-facial photograph. "It makes common sense if the state of Florida were discriminating against her because of her religion; that would more likely be unconstitutional," he said. "If the state of Florida's rationale for insisting the veil not cover the face is for law-enforcement purposes that apply to everyone, then clearly the state of Florida is not discriminating against anyone for religious reasons."

To husband Abdul-Malik, also known as Mark Freeman, the state's action is an infringement on his and his wife's rights.

"It's a reflection of Sept. 11," said Abdul-Malik, 40, a 1980 Edgewater High School graduate and 1984 Florida State University graduate.

The Freemans said they only want recognition that their interpretation of Islam requires women to cover their faces.

Sultaana Freeman said she never had trouble in Illinois, where she worked as a civil engineer with the state's utilities company. That state, without objection, issued her license with a photo that showed only her eyes.

Her Florida license was issued with her face covered last February, but the state demanded a new photo without her veil in November. State record checks began after Sept. 11.

Altaf Ali, executive director of the Florida chapter of the Council on American-Islamic Relations, said he knows of three other times Muslim women were refused Florida drivers licenses because of their headdresses. "I'm sure there's a lot more that's happening and not getting reported," he said.

Ali is asking the state to clarify its policy on religiously mandated clothes, and he wants the state to train employees about Muslim needs.

Yasmin Khan, 39, of West Palm Beachsaid she tangled with motor-vehicle officials when she was refused a drivers license in mid-December. Khan, a native of Trinidad and a Muslim, said she pulled her headdress back to her hairline -- as far as her religious beliefs would allow -- for the Dec. 17 photo but was told she needed to remove it completely. When she refused, she was denied a drivers license, she said.

"I decided to call anybody and everybody because I needed my license. I have kids, and I need to leave my home," she said.

Two days later, after getting help from local politicians, Khan was photographed with her hijab pulled back for her new drivers license.

In Daytona Beach earlier this month, Najat Tamim-Muhammad, 41, was refused a Florida identification card because she declined to remove her hijab.

Two years ago, Tamim-Muhammad, a native of Morocco, removed her headdress for the ID photo, but her husband said she did it only because she spoke no English and was unsure of her legal rights.

Idris Muhammad, her husband, said they plan to go back to the office to explain to a supervisor why she cannot remove the hijab. They hope to have the photo taken at that time.

"We understand the fear that comes with dealing with people you don't know or understand," he said. "In my opinion, it violates our equal rights under the law. Most people, when you sit down and explain why the women wear the hijab and the seriousness of not having it on, understand."

Amy C. Rippel can be reached at arippel@orlandosentinel.com or 407-420-5736. Pedro Ruz Gutierrez can be reached at pruz@orlandosentinel.com or 407-420-5620.

[weegee]

However, the driver's license is a common means of identification and she would be required to show it every time she wrote a check and in many other common situations. At this point she would be substantially burdened. We'll see, but I think she'll prevail.

She could pay cash. It is the right of the store owner to refuse service to avoid a fraudulent check. The state issued photo ID serves as a way to verify the identity.

How do they handle passport photos?

Can she walk freely into a bank with her face covered? The upcoming protest in NYC about the WTO has a ban on masks. Would she be permitted to walk through the area with her identity shielded?

[weegee]

we'd need to find a name for it... Foundationalism?

How about something more forceful and ancient sounding?

No-Screwus No-Morus

[zandtar]

What it looks like to me is that the real problem here that has people so wound up is that she's muslim.

Or that she's using Islam as the excuse to make her frivilous lawsuit is what is getting people steamed. Before 9-11 the reaction might have been more ho-hum, "business as usual". But since then, times have changed and are still changing. A group of Islamic extremists killed thousands of American citizens, as well as citizens from other countries. Just a few days ago a Palistine woman was a suicide bomber in Israel. The group who declared "war" on the United States has publically supported the Palistine cause many times. Now we have a female of this religion attempting to manipulate the American legal system to allow any follower of this religion to be able to move freely about America with no reasonable confirmation of identification.

She probably is part of the 99% of the Muslim religion who think Bin Laden is an extremist. However, given what is going on in the world, she's certainly making a big red flag go up with her actions.

[weegee]

hey, anyone can start a new religion! We don't have to ask permission and besides we can contribute to the politicians since there is good money in religion =o)

Anyone have an idea for the name of the Hollywood Left's theology?

Self-Affirmation Hedonism?

[Zorobabel]

What a delicious irony life serves up. We have an American USAF officer suing for the right NOT to have to wear the abaya in Saudi Arabia, and an American women suing for the right to wear it here.

[Caipirabob]

I'm getting pretty tired of our "guests" coming over here and causing trouble in our home.

This should be an offense which merrits immediate deportation.

[Don Joe]

Maybe I should start a new denomination: The Church of Unfettered Light, with a central doctrine that requires all members to wear Groucho nose/mustache/eyeglass gear, a jumbo afro wig, and green facepaint with orange ladybugs painted on the cheeks. And, a prohibition on being photographed except in profile.

We will also require members to take on new names: each member shall be known as Frank. Not "Frank 'Something'", just "Frank", since we're frank about our beliefs.

How much money can we make when we sue the states for violating our freedom of religion by denying us drivers licenses?

[zandtar]

letting this woman preserve her privacy from grocery store clerks is like beating you half to death, it appears.

In the case of smokes and booze, there are laws requiring proof of identification before a sale is allowed. A bit difficult to do if the person is masked, and their "identification" shows a masked person. Of course if she were that devote she wouldn't be buying it. Or driving for that matter.

In the case of check cashing, a store is private property and can set whatever uniform rules in has regarding this. Some of the rules may be required of the banks as well. If everyone else has to provide positive identification to make a check purchase, she should not be entitled to special treatment otherwise. And, if she doesn't like it, she's fully free to take her business else where to a store that has a policy she likes.

[nopardons]

You have a lousy memory ; or you enjoy bloviating. Either way, that is TOTALLY incorrect !

The head priestess of a certain Voodoo group, was housing all manner if animals, in a basement apartment AND perfoming rirtual killings of them . No, she was NOT killing a chicken for dinner. PETA was NOT ( surprizingly ) involved with it, nor the ASPCA.

Making garbage up, NEWBIE , doesn't fly here. Remarkably, for a NEWBIE , you are hitting all of the wrong notes ; thus far. You aren't particularly clever nor funny , and you are trying much too hard.

[sistergoldenhair]

The state issued photo ID serves as a way to verify the identity.

I haven't used my photo ID to write a check in years.
My grocery has its own card. Other stores accept various combinations of ID (e.g., a credit card and voter ID.

[condolinda]

Ha! This woman had better hope to Allah that, while driving Florida's fair road, she's never involved in a serious car accident resulting in a head injury to herself that would require the removal of her veil in order to treat it... and the only person who could give her immediate medical attention is a MALE physician!

[weegee]

Oh, since almost 100 years. You do NOT have a guarenteed RIGHT to a driver's license.

But what about the right to make a right on red? < /sarcasm > (always seen when someone makes a right on red into oncoming traffic, they don't need to stop, why should they, it's their "right" to turn on red...)

[nopardons]

No; only for female Islamics.

[zandtar]

I would wager she might could even have a special female officer called on such an occasion. Take 15 minutes.

That's only moving violations. What about other instances when an ID is required. Suppose you're the clerk at a store. Standing before you is someone with a covered face, handing you an "identification" of someone with a covered face, wanting to buy booze. Do you sell? If it's someone else standing there who is underage, you get busted. If you refuse, you get accused of discrimination.

Same clerk, except she's rung up over a hundred bucks in groceries. Same masked person is handing you an "identification" of a masked person to validate their identification to cash a check. Do you accept it? If it bounces, it's your fault and you eat it. If you deny it, once again you're accused of discrimination.

[peteram]

Constitution does not apply - since having the ability (or permission) to drive in the state of Florida is a "privilege", not a "right". Just ask anyone who's been through the judicial system in regard to a DUI. The Drivers licence is an administrateve event, while the infraction is the legal event, subject to constitutional guidelines.

The state has every right to deny her a privilege to drive in the state of Florida if she is not willing to adhere to the uniform traffic codes - the rules - of this state. And the constitution has no bearing. She has two good working legs - let her walk.

[Lois]

How about patriot-ism. Whatever the name, count me in.