Muslim rights group condemns hijab removal at jail after arrest during Miami protest

Florida’s chapter of the nation’s largest Muslim civil rights organization is calling for the firing of correctional staff who removed the hijab of an 18-year-old after she was arrested at a Black Lives Matter protest.

According to a Change.org petition, Alaa Massri, a young Muslim woman, was arrested June 10 at a Black Lives Matter protest in downtown Miami. When taken to Turner Guilford Knight Correctional Center in West Miami-Dade, Massri had her hijab removed for her mugshot. The hijab was not returned to her for seven hours, according to the petition, which has nearly 70,000 signatures.

“The actions of ... police were absolutely atrocious and inexcusable and repulsive,” said Hassan Shibly, chief executive director of the Florida chapter of the Council on American-Islamic Relations. “It’s an assault on her dignity and the boundaries that she set for herself and it’s inexcusable.”

The chapter released a statement Friday condemning the removal of Massri’s hijab at the county jail.

According to the arrest report by Miami police, Massri was arrested on charges of battery against a police officer, resisting officer with violence and disorderly conduct. As reported by NBC News on Friday, Massri was one of seven arrested when protesters vandalized the Christopher Columbus and Juan Ponce de León statues in Bayfront Park, according to a statement from the Miami Police Department.

The petition states Massri saw a police car approaching a small group of protesters and went over to help anyone who may have been hurt. The petition says Massri was arrested after asking officers “not to touch her.” Massri was not available for comment.

The arrest report says Massri refused to move out of the street at the intersection of Biscayne Boulevard and Northeast Third Street after “multiple commands.” The report says after Massri was grabbed by an officer forcibly removing her from the area, Massri punched the officer “in the right bicep with a closed fist.”

Shibly, who said he’s been practicing civil rights law for nearly a decade, said case law shows “that officers do not have the right to remove the hijab of a woman.”

The Miami-Dade Corrections and Rehabilitation Department said in an emailed statement that policies in place “accommodate inmates who wear head coverings for religious reasons.” The statement also said that the department is reviewing the incident “to ensure compliance with our policies.”

“Arrestees, who claim or appear to be of a particular faith, are allowed to keep their head-covering once it has been searched for contraband and the booking photograph has been taken,” the statement reads.

But Shibly said anything beyond removing a Muslim woman’s head scarf in front of only female police officers for a search is a violation of her religious freedom. He compared the removal of Massri’s hijab for her mugshot to the removal of a woman’s shirt or pants for a photo.

“For far too long some law enforcement officers [have been] the subject of many civil rights violations and civil rights complaints with their rights being protected,” Shibly said. “And that’s exactly what led to the death of George Floyd and other good people whose rights were taken away.”

Floyd died on Memorial Day after a police officer knelt on his neck for nearly nine minutes. His death has sparked anti-racism protests in large cities within and beyond the country.

Shibly started a fundraiser for Massri through LaunchGood to raise money for her legal defense and to cover costs of a civil suit against the Miami Police Department, according to the fundraiser. The fundraiser is also raising money “to support a campaign to change all police department policies in Florida to protect the hijab of Muslim women arrested.”

The fundraiser asserts Massri was “unlawfully arrested.” Shibly told the Miami Herald both officers who arrested Massri and correctional staff who removed her hijab should be fired.

Shabbir Motorwala, a founding member of the Coalition of South Florida Muslim Organizations, said the hijab removal was “clearly a violation of [Massri’s] human rights” if done on purpose.

“They are not covering their face. They are just covering their hair,” Motorwala said of hijabs. “How would somebody in the Christian community feel if ... a police officer pulled off the head covering of a nun?”

This story was originally published June 20, 2020 at 4:33 PM.