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.

[GeronL]

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

[summer]

She's not going to win this in THIS state. Believe me, not now. And, it is NOT a substantial burden for LAW ENFORCEMENT purposes. She can't bend the law because she doesn't want to comply -- unless the law wants to bend for me too.

[summer]

Sounds too heavy handed. How about: "Freedomism."

[GeronL]

that makes no sense. there is no substantial burden in that.

she should follow the law or take the bus. simple choice

[GeronL]

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)

[summer]

Well, if she wins this case in the US Supreme Court, then, I say you and I file suit as Freedomists, who are being discriminated against because WE have to do all the things you named, which is against OUR religion. BTW, we will have to think up some holidays and stuff like that.

[Mark17]

Islam and Christianity are unalterably, permanently and diametrically opposed - there is NO other way to view it.

Amen, brother.

Western travellers to the Middle East have been writing for hundreds of years on the easily-seen coming storm that eventually will pit Islam against Christianity once again.

Amen again, brother, and no where in the Bible does it forbid us from defending ourselves. I do, however, think we could do a lot better job of defending ourselves, if PC wasn't so rampant throughout the world.

[GeronL]

well, thats a good name but remember the point was to prove that we CAN'T give information to the government and pay its taxes and obey its laws... Freedomism sounds like we can do whatever....

Its supposed to be heavy-handed in order to convince them that we have strict laws against doing those things.

we're talking religion here, LOL

[summer]

But, the name represents: FREEDOM TO HAVE SOME PRIVACY. How's that interpretation?

[GeronL]

Freedomist holidays??

sounds like everyday... um... hhmm

[summer]

Now, what is that holiday George Costanza celebrates in his family on Seinfeld? Maybe that can be our big one -- "FESTIVUS." That sounds good: FREEDOMISTS CELEBRATE FESTIVUS, THE HOLIDAY FOR THE REST OF US.

[Cobra64]

Well, Boys and Girls, there will be a revolution in the streets. The folks in Detroit, MI will slowly wake up and there will be... ____ fill in the blanks.

My family live in upstate NY, and all of us come from the Christian ethic.

The crap desribed in this article will not hold water with 98% of the American population.

W better get off his "Love Muslims" soap box, because there will be scenarios in the USA that none of us want to see on television.

CCW is increasing, and will increase at a geometric rate.

I grew up in the 1960s and read of the riots in Chicago, Newark, and LA. That experience will be child's play compared to what is festering today in the USA.

When we're hit next by Muslims, I predict that times will change again in our country.

Mark my words. We're in deep shit with what is blossomed since September 11 and the lawyers supporting the conduct of the Muslims in disobeying AMERICAN LAW!

[buckman10_2000]

they revoked her drivers license,now they should revoke her right to be in this country and throw her the hell out!!!!!!

[mvpel]

So since when does the State get to license the right to travel freely on the public roadways in one's private property on personal business? That's the underlying question here.

[summer]

Hey, people who want their kids in school to be praying have to send their kids to a private school -- and pay tuition. How come the government doesn't bend over backwards to comply with their wishes? Make half the public schools secular, and half of them religious. Does our government do that? Or, does the government say: You don't like a public school without religion? Well, then, go to a private school for religion.

[summer]

Most roads are public property. The state has the right to make laws concerning these roads -- and who uses them.

[JohnHuang2]

Well, I was thinking of starting a religion anyways... wanna join?

Bump!

[nopardons]

If these women are such devout Muslims, then they should NOT have a driver's liscence, nor leave their houses without an aduly, male, family member. Isn't that what the REALLY devout Muslim say ? And what's with having a job ? We all know, now, that Muslim women shouldn't be allowed to work.

If Saudi Arabia demands that OUR women, who are serving in the military ( and saving their sorry butts ) have to oney theri laws and dress codes, then te same applies for those who live here! At least here, unlike in many Muslim countries, there is FREEDOM to practice their religion.

If they don't like or laws, they can always leave. : - )