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.

[Chemist_Geek]

Those word games will not impress the judge and will only get one a higher fine or longer jail term, if one tried them in real court.

257.13 “ Driver ” defined. [M.S.A. 9.1813 ]
Sec. 13. “ Driver ” means every person who drives or is in actual physical control of a vehicle.

History: 1949, Act 300, Eff. Sept. 23, 1949 .

The above is Michigan law and may vary from state to state, or nation to nation. Please do not try to tell me that "drives" doesn't mean guiding, controlling, or directing a vehicle, and "vehicle" doesn't mean the Prius sitting in the parking lot with the key in my pocket.

257.79 “ Vehicle ” defined. [M.S.A. 9.1879 ]
Sec. 79. “ Vehicle ” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.

History: 1949, Act 300, Eff. Sept. 23, 1949 ;--Am. 1976, Act 439, Imd. Eff. Jan. 13, 1977 ;--Am. 1978, Act 568, Eff. Jan. 6, 1979 ;--Am. 1992, Act 134, Eff. Oct. 1, 1992 .

[XBob]

I remember, when I first got my Florida drivers licenses starting in the 50's, there were no photo's at all. Then, I think in the 70's, they started putting on photos. But once, I was over seas, and couldn't get back for a photo, so they gave me one which had 'no photo required' in the picture box. Then later in the 80's or 90's I was again overseas, I tried to do that again, and they said no, law has changed, and can't get one period, without a photo. So I had to get an international license, and drive on it, until I got back to Florida and could get a new photo-license.

[XBob]

She could always move to an islamic state, like saudi, where they don't have this problem, as she will be prohibited from driving, period, and will have to ride in the back, even if it is a pickup, she must ride in the back.

[XBob]

15,20 - "And, first thing we do is get an ACLU lawyer to defend our right to start a new religion. "

Geron, You must make one of the tenents of your new religion, 'kill all the lawyers'.

[XBob]

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

geron, I think they already have one essentially by that name - the foundation - is the translation from Arabic, I think, for Al Queda.

[He Rides A White Horse]

ACLU = Anti Christian Litigators Union

[summer]

MY STUPID STATE(ILLINOIS)GAVE HER A DRIVERS LICENSE WITH THE VEIL ON!!!!!!!!!!!!

Minnesota would do the same thing - in compliance with their state law, allowing it. FL did it, against state law, but then suspended her license following their review of state drivers licenses after 9-11. No state should allow a veiled photo in these times.

[summer]

THIS IS A TEST FOLKS!!!

I agree.

[summer]

How can you guarantee that it's not a fake license even if it IS a full-face photo? Fake IDs are a booming business.

Maybe the answer is both a fullface photo and a thumbprint on a driver's license. And, I say that even though I myself would prefer giving neither because of privacy concerns, but, I will give my photo (and thumbprint) because I know there are times I may have to prove my identity.

[summer]

It's not a case of DMV refusing to grant a license based on race, color, etc., but a refusal to follow rules that basically everybody recognizes as intrinsic to gaining a driver's license.

Exactly.