by Jorge Gomez • 2 minutes
First Liberty represents two firefighters and two paramedics in Washington, D.C. who are compelled by their Muslim and Jewish faiths to wear facial hair. In 2007, they won a permanent injunction under federal law against a District of Columbia policy requiring that they be clean shaven.
But in 2020, DC once again ordered them to shave, in violation of the permanent injunction. When our clients refused to shave because of their religious convictions and the injunction that had protected them for over a decade, they were moved from their field duties to “operations.” As a result, they had fewer opportunities for overtime, and—as they switched from working 24-hours on and 72-hours off to an 8-hour work day—their schedules were significantly disrupted.
DC officials claimed their actions were justified by the COVID-19 pandemic. But rather than simply defying the injunction, the District should have gone to the court to request a modification or considered alternative means of addressing its concerns while complying with the injunction, which had ordered that the clients be returned to field duty.
The District’s flagrant disobedience lasted until October 2021, when through the efforts of First Liberty and the law firm Covington & Burling LLP the District returned them to their field positions. However, the District refused to recognize the injury caused to the clients through its defiance of the injunction, so we asked the district court to hold the District in contempt of court for violating its injunction and to award damages to our clients. The district court denied that request.
We recently argued the case before the DC Circuit Court of Appeals, explaining that DC Fire and Emergency Management Services (FEMS) should be held in contempt of court.
“Over a decade ago, the court ordered the District of Columbia to protect the religious liberty rights of paramedics and firefighters, specifically, to allow our clients to continue to wear their beards while working in the field,” said First Liberty Counsel Becky Dummermuth. “Even in the face of a global pandemic, DC could not simply disregard a court injunction or suspend religious freedom. Such egregious disregard of our client’s hard-fought rights and a clear court order should not be casually overlooked.”
Lucas Moench, Associate with Covington and Burling, said, “Federal court orders are powerful instruments for protecting civil rights, including religious liberty. They are not optional guidelines. By openly flouting a clear, longstanding court order, FEMS has trampled on both our clients’ religious liberty and the authority of the federal court system.”
Our clients faithfully served the District for decades. Collectively, they’ve dedicated over 100 years to protecting their community. DC’s violation of the injunction erased what our clients thought was a legacy they would leave for religious freedom in the workplace. After many years of fighting in court, it’s time for FEMS to pay for the harms that it caused and again recognize the religious rights of these first responders.
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