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Pittsburgh Municipal Court

PITTSBURGH – A Muslim woman told to remove her hijab at a Pittsburgh court is suing Allegheny County and the city, claiming they violated the free exercise of religion promised by the U.S. Constitution.

Candace Dyer Bey sued them on Oct. 16 in Pittsburgh federal court, saying her faith requires her to wear the covering when in the presence of men who are not part of her immediate family.

“The forced removal of the hijab was not a mere inconvenience or minor interference; it was a profound violation of Ms. Dyer Bey’s sincerely held religious beliefs against appearing in public uncovered…” the suit says.

The suit also names Victoria Hershberger and Christian Holstein, who are employees of Allegheny County working at the Pittsburgh Municipal Court Annex Building, as defendants. They were there last October when Dyer Bey arrived to provide her fingerprints, pursuant to conditions of her bail on a charge that was dropped.

She was also to take a photo. Hershberger asked that she remove her “scarf,” the suit says.

Dyer Bey told her that she could not be photographed without it because of her religious beliefs. A policy for “head wraps and bandanas” did not apply to her, Dyer Bey argued.

It is alleged that Holstein told Dyer Bey that she remove the hijab or go to jail. She complied out of fear and took the photo in a room that could be viewed by anyone walking along an upper awning, the suit says.

“Defendants have created a permanent public record depicting Ms. Dyer Bey in a manner that is deeply contrary to her religious beliefs,” the suit says.

“Therefore, not only was Ms. Dyer Bey forced to remove her hijab on the date in question revealing her hair, ears and neck to men outside her immediate family, a lasting image of her exists so exposed of which she is powerless to remove from existence.”

All of this has created anxiety, depression and a decrease in self-worth, the suit says. She filed complaints with the state Human Relations Commission and Attorney General’s Office.

AG Dave Sunday in May announced that Dyer Bey’s ordeal led to changes at the courthouse that permit anyone arrested to keep their religious head covering on during their booking photo as long as it doesn’t hide their face.

“(N)o one should have to choose between their faith and their rights,” he said.

From the Pennsylvania Record: Reach editor John O’Brien at john.obrien@therecordinc.com.

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