CAIR exploring legal action following arrest of Muslim woman in Philadelphia

This story originally appeared on 6abc.

The Philadelphia Chapter of the Council on American Islamic Relations held a press conference Wednesday announcing possible legal action against both the Philadelphia and Temple police departments.

“We’re pursuing all legal options,” said CAIR Attorney Adam Attia.

This follows the arrest of a Muslim woman and Temple alumna, Johara Shama, last Thursday.

Shama was part of an unapproved “Students for Justice in Palestine” protest at the Gittis Student Center during a career fair on September 26.

Video shows Shama leading protesters out of the student center after the demonstration when police appear to arrive and intervene. Shama was one of four arrested. Only one arrest was a current student.

Protesters allege groping and brutality.

Shama also says Temple police yanked her hijab and Philadelphia police made her remove it during booking, a violation of deeply held religious beliefs and practices.

“This act of humiliation left me in a state of distress, feeling as though my fundamental rights had been stripped away from me,” Shama said.

On Wednesday, Philadelphia police released a lengthy statement in response to the accusations, saying in part that the department doesn’t currently have specific policies regarding religious garb during the booking and detainment process and their policies need to evolve to better respect and accommodate religious practices.

“No person should ever be forced to choose between their dignity, religious beliefs, and compliance with law enforcement. This is a clear violation of constitutional rights and religious freedoms, and we will not rest until justice is served. We urge all members of the community, regardless of faith, to stand in solidarity with the Muslim women who have endured this unlawful and degrading treatment,” Attia said.

For its part, Temple Public Safety disputed the claims, saying they have body cam video and building surveillance to prove it, although they did not release video when asked.

“Temple University has taken an increasingly hostile approach toward Muslim, Arab, and pro-Palestinian students,” Attia said.

In a statement last week, Temple University President Richard Englert said in part, the university “fosters an environment that is open to a diversity of thought, opinion and peaceful expression.”

“Students for Justice in Palestine” has been suspended at Temple for violating campus guidelines for their demonstration.

“To understand better what led to all of this, were those guidelines followed for this demonstration?” Action News reporter Leland Pinder asked.

“We’re not here to say whether they have the right to protest, whether they adhered to the guidelines, the policies that Temple University has. It’s how Temple responded to the arrest,” Attia responded.

Ultimately, CAIR says it’s looking for substantive and structural change so police better understand and can accommodate members of the Muslim community.

Read the full Philadelphia police statement:

“The Philadelphia Police Department is committed to respecting the religious freedoms and civil rights of all individuals. We are aware of the concerns raised by the Council on American-Islamic Relations (CAIR-Philadelphia) regarding an incident involving a Muslim woman who was asked to remove her hijab during a booking and detainment at a PPD facility on Friday, September 27th, 2024.

Our current policy for individuals in custody does not specifically address the wearing of religious garb during the booking/detainment process. In this particular case, staff at the Police Detention Unit (PDU) made accommodations to allow the detainee to wear her hijab while in common areas that could be in the presence of individuals identifying as male. However, it was removed for her booking photograph and securely placed with her personal belongings while she was in a holding cell with other women.

We recognize that our policies need to evolve to better respect and accommodate religious practices. The PPD is actively working to update our policies to allow for the wearing of religious head coverings during the booking process and while in custody, provided that it does not compromise safety or security protocols. We are reviewing best practices from other law enforcement agencies to ensure our updated policies are in alignment with national standards that respect religious freedoms.

For example, several police departments across the country have implemented procedures that permit individuals to retain their religious head coverings during booking photos or allow for alternative measures, such as private photographs taken by an employee of the same gender. We aim to incorporate similar provisions to accommodate the religious beliefs of those in our custody.

Additionally, we are proud to have enacted temporary provisions that allow our first police recruit to wear religious garb during training. This reflects our ongoing commitment to diversity, inclusion, and the representation of all communities within our department. This officer, and all officers going forward, will be permitted to do so going forward as per an update to our uniform policy that is currently underway.

We believe that embracing the varied backgrounds and beliefs of our officers enhances our ability to serve the diverse population of Philadelphia.

We are committed to engaging with community leaders, civil rights organizations, and advocacy groups to address these concerns collaboratively. Our goal is to ensure that our practices uphold the constitutional rights of all individuals while maintaining the safety and integrity of our law enforcement processes.

The Philadelphia Police Department takes these matters seriously and will continue to work diligently to implement policy changes that reflect our dedication to protecting the rights and dignity of every person we serve.”