Posted on 01/29/2002 11:01:29 PM PST by 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.
She's a convert, probably a born and bred American, black muslim with a chip on her shoulder. She doesn't want to get her picture taken? Fine, no Drivers License...period. I am sick to death of muslims of all stripes and all varieties. I'm sick of the whining and complaining of these people.I'm compleyely fed up with all things muslim...period.
Amen brother!!! Their aim is an islamic America with Sharia law and muslim leaders. They've said it openly for years and there's plenty of evidence. I consider all things muslim to be at the very least highly suspect, most I consider enemies.
However the woman's religious feelings should be respected as far as possible... she could request to be photographed by a female photographer etc.
I'll be watching this one closely as I hope that the state doesn't cave in to these stupid demands.
I hope you are right, but you know how PC is these days.
Not a solution unless you equip every cop and clerk with the technology to tell one thumb print from another at 30 feet away as well as they could between faces . . . and then give them a lifetime of informal training in thumbprint differentiation.
I'll look forward to seeing those thumbprints of the FBI ten most wanted on the Post Office bulletin board too.
Human face recognition may not be perfect, but it has some huge advantages for security purposes. A thumbprint is no substitute, though it's obviously nice to have in addition.
Well, after seeing those airplanes crash into the WTC and Pentagon, I think you are right. I just wish when they assume room temp, that they would not take Americans with them.
Yes! There is a reason why businesses need identification for transactions. Why should they take the risk of financial loss because the "face" in the picture ID shows only some cloth?
If she is not willing to respect the customs (oh, and the law, too) in America, we will not punish her. We will merely ignore her.
Why does she need a drivers license? American women in Saudi Arabia must ride in the rear seat and a male must drive. What's wrong with that Muslim practice for her transportation here?
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