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AKvetch

03/08/03 5:57 PM

#8573 RE: SkeBallLarry #8570

My recollection was having her photographed with her face covered was never the issue; the issue was wearing a headscarf in the photo.

Like you, I did not hear anything further, until the post I responded to. I very much would be interested if it is true, but I'd like to have the FACTS in front of me before I comment.

AK

j.c.

03/08/03 5:58 PM

#8574 RE: SkeBallLarry #8570

.....The prologue to Mr. Loudermilk's piece was inaccurate at the time it was written, but it later proved to be true when a similar event occurred. Najat Tamim-Muhammad, a 41-year-old immigrant from Morocco, had threatened to sue the state of Florida because they would not allow her to pose for a state ID card (not a driver's license) with her face covered, but that issue was resolved through compromise. As The Atlanta Journal-Constitution reported:
___
The issue involved Najat Tamim-Muhammad, 41, who was denied a Florida identification card in January because she wouldn't remove her habib.
The controversy didn't reach the point of a suit being filed.

As reported by the Miami Herald, she had gone to a license-issuing station in Daytona Beach. But when she was asked to remove the head covering to allow her face to be photographed, she refused. It is customary in some Islamic cultures for women to keep their faces partially covered while in public.

Darlene Wiles, supervisor of the Daytona Beach office of the Florida Department of Highway Safety and Motor Vehicles, said the ID picture must show a full facial figure as required by state law. The habib that Tamim-Muhammad was wearing covered only a part of her forehead and right eyebrow, so when she agreed to adjust it, all parties were satisfied. "As long as we can see their face, the photo will be taken," Wiles said.

"I'm very happy. Now I'm feeling very free," Tamim-Muhammad said, showing off her new ID card. The native Moroccan, who moved to the United States two years ago, said she would like to get a driver's license once she masters English.
___

However, four months later, Florida discovered that Sultaana Freeman, a 34-year-old Muslim woman, had previously been allowed to pose for her driver's license photo while wearing a niqab, a type of veil that covered most of her face. After Florida revoked Ms. Freeman's license until she posed for "full-face" photo, she filed a lawsuit contending that her religion forbids her from showing her face to strangers or men outside her family, and therefore her constitutional right to freedom of religion was being violated by the state of Florida. That case is still unresolved.

Last updated: 10 July 2002

http://www.snopes.com/rumors/american.htm

AKvetch

03/08/03 6:07 PM

#8576 RE: SkeBallLarry #8570

skeballlarry, I did find an article allowing a Muslim woman to challenge the Florida driver's license photo law, dated June 28, 2002. The last part of the article frames the legal issues. I would doubt that there has been a higher court decision in such a short period ot time.

http://www.naplesnews.com/02/06/florida/d789674a.htm

Judge: Muslim woman can challenge driver's license photo law

Friday, June 28, 2002

By MIKE SCHNEIDER, Associated Press

ORLANDO — A judge ruled a Muslim woman can pursue her legal fight to wear a veil for a driver license photo, despite objections from the state that it jeopardizes public safety.

Orange County Circuit Judge Ted Coleman denied a motion Thursday by the state to dismiss a civil lawsuit brought by Sultaana Freeman, whose driver license was revoked when she refused to replace her photograph with one showing her face unveiled.

[AK edit: photo did not link; go to link above for article with photo]



Sultaana Freeman, 34, holds her daughter, Sauda Freeman, 7 months, in Orlando, Fla., in this January 2002 photo. Freeman is fighting in court, Thursday June 27, 2002, for her right to wear a veil on her driver's license photo. Freeman said she was allowed to wear the veil for her license photo in Illinois and for a Florida license issued early last year. But state officials demanded Freeman pose without her veil in November, following checks of records prompted by the Sept. 11 terrorist attacks. Jessica Mann/AP Photo

Freeman is suing to get her license back with a photo that hides most of her face, except her eyes, behind a veil known as a niqab. The 34-year-old homemaker from Winter Park wears the veil for religious reasons. Some Muslims believe that only a woman's husband and family members should see her face.

Freeman didn't appear at the hearing.

"We want justice to prevail," said her husband, Abdul-Maalik Freeman, who owns a landscaping business. "The only way you can do that is to bring it to trial."

In her lawsuit, Freeman said the demand to show her face for the photo violated Florida's Religious Freedom Restoration Act, her right to privacy and due process.

"We're just practicing our religion," Abdul-Maalik Freeman said. "We're not looking for attention. We're following the commandments of God."

But having a face visible in a driver license photos is a matter of public safety since criminals are often identified through their driver license photos and the photos guarantee the swift identification of Florida motorists, said Jason Vail, an assistant state attorney general.

"It doesn't target religion," Vail said of the requirement. "It targets everyone."

When Freeman applied for a Florida driver license last year after moving from Illinois, she had no problems getting a license wearing the veil. The Florida Department of Motor Vehicles told her to replace the photo only after the Sept. 11 terrorist attacks, said her attorney, Howard Marks.

"Apparently, after Sept. 11, the state changed the interpretation of the law," Marks said.

Eleven other states allow women to wear veils for license photos, and there are exceptions to the requirement, such as probationary licenses and seven-day permits, which don't require photos, Marks argued.

After the hearing, Marks said driver licenses weren't set up to be national identification cards.

"If the state believes we need to photograph and fingerprint everybody for identification, than that's something else," Marks said.