Two Muslim women are suing the Orange County Sheriff’s Department claiming deputies violated their civil rights by forcing them to take off their religious head coverings after the two were arrested at a protest last year.
Sheriff officials deny the allegations, disputing the women were forced to remove their head coverings at the scene of protests but acknowledging they were asked to take off the hijab privately in front of female deputies for booking photos.
A similar 2007 lawsuit resulted in the department adopting a policy requiring people being booked into custody wearing religious head coverings to be searched privately and by deputies of the same gender.
Hasna Aini, a 22-year-old Irvine resident, said an Orange County Sheriff Deputy ripped off her hijab – an Islamic religious head covering – and deliberately stomped on it at a pro-Palestine protest at UC Irvine in front of news cameras and a crowd of onlookers.
“A year later, I am still deeply affected. I still hear my pleas to be covered, along with flashbacks reminding me that my religion was disrespected,” Aini said at a news conference in Anaheim Tuesday.
She said that once she got to the processing center her religious beliefs were further disregarded when she was forced to take off her head covering again in area visible to men to have her photo taken.
“Our head coverings are not political statements. This was an attack not only on myself, but every Muslim woman on that day. This was conducted as a sense of power and humiliation by the OC Sheriff’s Department,” Aini continued at Tuesday’s news conference.
Aini is not alone.
Salma Nasoordeen, a 26-year-old from Anaheim who was also at the protest, said she too was coerced to remove her hijab when taking a booking photo after being arrested at UC Irvine in an area that was visible to male deputies and not private.
Muslim women, like Aini and Nasoordeen, who wear the hijab keep it on in the presence of men – except their dad, grandfather, husband, son, or brother when they are home.
Now, both women are attempting to prevent this from happening again in an effort to further change the department’s policies to allow people being booked into custody to keep on their religious head covering when their photo is taken.
On Monday, the Council on American Islamic Relations – Greater Los Angeles Chapter and the Asian Law Caucus filed a federal civil rights lawsuit against the County of Orange, Sheriff Don Barnes, his department and the deputies on behalf of Nasoordeen and Aini.
The lawsuit alleges that the department violated the women’s religious freedom rights by removing their head covering and is failing to train their deputies on their own policies regarding inmates wearing head coverings.
They are also alleging that the department’s policy to remove head coverings during a booking photo differs from national practices and norms and Barnes did nothing to prevent deputies from coercing the women to take off their hijabs.
To read the filing, click here.
Carrie Braun, a spokeswoman for the OC Sheriff Department, denied the allegations in a Tuesday email.
“No women were required to remove their hijabs in front of male employees or male members of the public. Women were asked to privately remove their hijabs only once while inside the jail facility for a booking photo, and this occurred with only female deputies present,” Braun wrote.
“No force was used during this process; the women voluntarily removed their hijabs for the photo and immediately put them back on before leaving the private area. Jail security video from the Orange County Sheriff’s Department documented the booking process.”
Both Aini and Nasoordeen were arrested for failing to disperse after police officers in riot gear from several different OC law enforcement agencies including the sheriff’s department cracked down on and forcibly disbanded a pro-Palestinian encampment at UC Irvine in May last year, arresting dozens.
These types of protests and encampments kicked off at universities in Orange County and across the country last year after a surprise Hamas attack on Israel in 2023 triggered Israeli Defense Forces to launch retaliatory attacks in Gaza.
Dina Chehata, the Civil Rights Managing Attorney for CAIR, said laws about religious freedom are clear.
“People do not shed their religious rights when they’re arrested. They don’t become less worthy of respect because they dissent, and they’re not required to surrender their faith at the jailhouse door,” said Chehata at Tuesday’s news conference.
“If this country means what it says about freedom of religion, then it must mean it for Muslim women, not just in theory, not just in court, but also in the fluorescent lit back rooms of detention facilities when no one is watching and no cameras are rolling.”
Amr Shabaik, legal director for CAIR, said the Sheriff’s Department’s actions are morally indefensible and unconstitutional.
“They were subjected to dehumanizing treatment, forced to remove the religious head coverings in front of male officers and others, violating the very core of their faith and dignity,” Shabaik said, reading a statement on behalf of the Asian Law Caucus.
Since Oct. 7, 2023, Arab American, Muslim and Jewish leaders have also warned of an uptick in hate crimes in OC against their communities.
[Read: An Incomplete Picture: Tackling Hate Crimes in Orange County]
The Hijab & The OC Sheriff’s Department
Chehata said that Aini and Nasoordeen, like many Muslim women, believe wearing the hijab is a religious obligation that shows their commitment to God.
“For Muslim women who cover their bodies and hair, the hijab is an act of worship. It is a sign of their submission to God. It is a shield of dignity, and it is a sincerely held religious belief that is not optional or decorative,” she said.
Nasoordeen, who works as a youth coordinator for CAIR, said she decided to wear the hijab when she was 8-years-old after seeing her mom and sister wear it.
“As I grew older, I understood that the hijab is not just a piece of cloth that covers you,” Nasoordeen said Tuesday.
“It’s a proclamation of love and commitment that I have for my creator, my God, Allah. I literally feel precious when I wear it, and I feel loved when I wear it. It serves another purpose as well. It’s to remind me of my faith. It’s a constant reminder, and it tells me to stand up for the oppressed and to stand against those who are being oppressors.”
Nasoordeen adds that she has never had to remove it when taking a picture for a government issued ID or passport.
This is not the first time the County of Orange has been sued over removing a head covering of a Muslim woman.
In 2007, Souhair Khatib, an Anaheim resident, sued the county for infringing on her religious freedom when she was forced to remove her hijab when she was taken into custody at a court holding facility.
Khatib pled guilty to welfare fraud in 2006 and was sentenced to community service. She was taken into custody while seeking more time to complete the mandated community service.
Shabaik said the 2007 lawsuit led to the Sheriff Department adopting a policy regarding head coverings.
According to the Sheriff Department’s policy, inmates wearing a head covering shall be escorted to a private area by staff members of the same gender.
“Only staff members of the same gender as the inmate shall be present during removal of the head covering. When the inmate’s head is uncovered it will be done out of the view of the opposite gender,” reads the policy.
“Religious head coverings may not be worn during the booking photo process. When removing religious head coverings for booking photos, only staff members of the same gender as the inmate shall be present.”
Referring to the allegations as “false statements,” Braun said they only serve to undermine the public’s trust as well as incite fear, adding that the department’s policy balances the rights of people in custody and safety concerns.
“The Orange County Sheriff’s Department actively collaborates with various religious groups to foster strong community partnerships, and has established conscientious policies and procedures to balance the constitutional rights of incarcerated individuals to express their religious beliefs with the need to maintain safety and security in our custodial facilities,” she wrote.
Shabaik said the hijab is not just a piece of clothing.
“For millions of Muslim women around the world, it is a sacred expression of religious identity, modesty and personal conviction,” he said.
“Forcing someone to remove it, especially under duress, and especially in a public or exposed setting, is a profound violation of the right to religious freedom, and the county knows it.”
Hosam Elattar is a Voice of OC reporter. Contact him at helattar@voiceofoc.org or on Twitter @ElattarHosam.