FOR IMMEDIATE RELEASE
June 1, 2005
PHILADELPHIA, PA - In Pennsylvania's first ruling to interpret the state's Religious Freedom Protection Act, Court of Common Pleas Judge Joseph Dych granted the ACLU's petition for a preliminary injunction forcing the Philadelphia Fire Department to allow firefighter Curtis DeVeaux to return to his job without shaving his beard. A devout Muslim, Mr. DeVeaux grows his beard as a sign that he is a follower of Islam.
The ACLU brought suit on behalf of Mr. DeVeaux after he was suspended from his position in the Philadelphia Fire Department for refusing to shave his beard as required by Fire Department regulations. Mr. DeVeaux ceased shaving in the summer of 2004 and made both formal and informal requests for a religious exemption from the Department's "no beard" policy in October and December of 2004. Instead of responding to his request for an exemption, the Department suspended him from duty on February 2, 2005. "The court's ruling means that Mr. DeVeaux doesn't have to choose between his faith and his career," stated ACLU attorney Mary Catherine Roper. "Mr. DeVeaux does not want to risk his own safety or anyone else's. With the new technology masks, he can be both a good firefighter and a good Muslim."
The Fire Department contended that Mr. DeVeaux's short beard would make it difficult for him to use the respirators issued to Philadelphia firefighters. The Fire Department conceded, however, that many other facial features - including scars and high cheekbones - can interfere with the respirator's seal. The ACLU presented expert testimony that Mr. DeVeaux's beard poses no greater danger than any other facial feature. Firefighters with other potentially risky facial features are permitted to serve so long as they can demonstrate through a FIT test that they can use the respirator properly.
The Religious Freedom Protection Act states that a government agency "shall not substantially burden a person's free exercise of religion." Under the Act, exemptions are available from government rules that significantly inhibit religious expression. "Permitting Mr. DeVeaux to take a FIT test to demonstrate that he can serve safely will protect both the Fire Department's interest in the safety of its fire fighters and Mr. DeVeaux's interests in following his religious beliefs," stated Ms. Roper.
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