Religious freedom or officer safety? That’s the question at the heart of a dispute between the Bay Area’s Muslim community and the Santa Clara County Sheriff’s Office.
The issue at hand began when a deputy forcibly removed a religious headwear, a hijab, from a Muslim woman in custody.
The woman, who was not charged after being brought to jail, and a Muslim community group are upset and making demands.
Asia Aden said she was in a domestic violence situation when she called the Santa Clara County Sheriff’s Department, but because she was wielding a small bat for self defense, she was arrested and booked at the Elmwood Correctional Facility.
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Charges were dropped, but Aden said that when she was being booked by a female deputy, Aden explained she needed to keep her hijab on for religious beliefs.
“When I said that, she immediately, without hesitation, yanked it off my head,” said Aden. “I felt humiliated. I felt degraded. I felt dehumanized. I felt like the person ... it just traumatized me beyond belief.”
The Bay Area office of CAIR, the Council on American-Islamic Relations, is supporting Aden and is calling for the county board of supervisors and sheriff’s department to issue an apology and pay an undisclosed monetary settlement.
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CAIR is also upset because it points out a similar incident occurred at Elmwood two years ago and the county and sheriff’s department promised to institute policy changes and training then.
“It’s alarming. Twice in two years now? That’s two times too many,” said Jeffrey Wang, CAIR civil rights attorney. “This wasn’t the first time it happened. But it needs to be the last time and we need to know that law enforcement will respect people’s rights.”
“I would hope there’s some sort of reform, some sort of training, you know?” said Aden. “So that this never ever occurs to a woman again.”
The sheriff's department said it reviewed surveillance footage and insist force was not used and that Aden was asked to remove it herself.
The department also said it did update policies in 2021 to accommodate religious headwear and that generally, those garments must be searched to ensure safety.
Regardless, CAIR says it has given the county about two weeks to respond to its demands before considering legal action.
Read the Santa Clara County Sheriff's Office full statement bellow:
"The Sheriff’s Office received the complaint and reviewed the surveillance footage. Force was not used to remove the Hijab and in fact the complainant was asked to remove it herself. Â
The Sheriff’s Office collaborated with the Council on American-Islamic Relations’ (CAIR) after a the past concern in 2021. Based on that collaboration, the Sheriff’s Office updated its Religious Practices policy to ensure that anyone wearing a Hijab, Kufi, Turban or Yarmulke will be reasonably accommodated, subject to the compelling interest for facility security or to prevent self-harm. The booking staff was educated on the policy update. In general, these garments must be searched upon entering the facility before they are returned or another is issued. The Sheriff’s Office is committed to protecting people’s religious rights while also ensuring the safety of everyone in the facilities."
