FOR IMMEDIATE RELEASE
September 23, 2005
PHILADELPHIA, PA - The ACLU of Pennsylvania will appeal yesterday's ruling by a judge of the Philadelphia Court of Common Pleas that the City of Philadelphia is not required to accommodate the religious beliefs of a Muslim firefighter. The ACLU represents Curtis DeVeaux, a devout Muslim who was suspended from the Philadelphia Fire Department for refusing to shave his beard as required by Fire Department regulations Mr. DeVeaux grows his beard as a sign that he is a follower of Islam.
The ACLU brought suit under Pennsylvania's Religious Freedom Protection Act and the Pennsylvania Constitution, arguing that Mr. DeVeaux should be able to serve with his beard so long as he can pass the same safety tests required of other firefighters. Fire Department regulations prohibit any facial hair that comes between the skin and the sealing surface of the respirators issued to Philadelphia firefighters. The ACLU contends that Mr. DeVeaux should be able to demonstrate through a FIT test that he - like other firefighters with facial features, such as scars or high cheekbones that can be incompatible with respirator use - can serve as safely as a clean shaven firefighter. The Fire Department refuses to allow Mr. DeVeaux to take such a test.
"Permitting Mr. DeVeaux to take a FIT test to determine his ability to serve as a firefighter would 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 ACLU attorney Mary Catherine Roper. "Mr. DeVeaux should not have to choose between his faith and his career. All he wants is the chance to prove that he can be both a good Muslim and a good firefighter. The law does not require the Fire Department to employ a firefighter who cannot work safely, but it also does not permit the Fire Department to assume, without proof, that a firefighter's religious observance will interfere with his safety."
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