FERNDALE — The Michigan chapter of the Council on American Islamic Relations filed a lawsuit in federal court against the city of Ferndale on behalf of a Muslim woman after an encounter with the Police Department earlier this year.
CAIR-MI, a national civil rights and advocacy organization for Muslims, filed a lawsuit in the United States District Court for the Eastern District of Michigan against Ferndale for allegedly violating the civil rights of Helana Bowe after a traffic stop June 21.
According to a press statement released by CAIR-MI and the complaint filed in court, Bowe was at a traffic light on Eight Mile Road in the city when she was pulled over by a Ferndale Police Department patrol vehicle for allegedly having an expired license plate tag.
During her conversation with the officer, Bowe stated she had a Taser on her person that she carried after she had been mugged at a nearby Meijer. She was subsequently taken into custody.
The release and complaint state that at the department, Bowe was taken to get her booking photo done. Bowe and CAIR-MI are alleging that officers disregarded Bowe’s request to wear her hijab in her photo.
“At multiple instances, Ms. Bowe made her dissent and protest to the forceful removal of her hijab extremely clear. Ms. Bowe asserted her right to keep her hijab on for the photograph because it is representative of a sincerely-held religious belief, as a Muslim-woman,” the complaint reads. “Defendants’ officers refused to accommodate Ms. Bowe’s reasonable request.”
The complaint also states that Bowe was subjected to a cross-gender search after her arrest, though she had requested a female officer to do the search.
“Like many Muslim women whose religious beliefs dictate that they wear a hijab, Ms. (Bowe) felt exposed and violated without hers. It is as if Ms. Bowe was naked in a public space,” the complaint states. “Ms. Bowe endured insurmountable amount of humiliation and trauma as a direct result of the Defendants’ pattern and practice. This policy is unnecessarily discriminatory and the existence of Ms. Bowe’s booking photograph and the fact that it can be viewed again and again by men who are not members of her immediate family is haunting.”
“The Ferndale Police Department’s entire conduct on June 21, 2021, was problematic, starting with its dragnetting of the city of Detroit side of Eight Mile road looking to engage in traffic stops of individuals who have no connection with the city of Ferndale,” CAIR-MI attorney Amy V. Doukoure stated. “The Ferndale Police’s problematic conduct only escalated when officers allegedly violated Ms. Bowe’s constitutionally protected religious rights by subjecting her to a cross-gender search unnecessarily and forcibly removing her hijab for a booking photograph. It is surprising that a city that prides itself on its vast diversity and claims to strive for inclusivity finds itself silent on its own insensitive treatment of a religious minority in their care and custody.”
CAIR-MI announced in September its intent to file a lawsuit. The Ferndale Police Department released a statement at that time, where it stated they were giving the “allegations made by CAIR our highest attention and began working immediately to review the case and the claims regarding the violation of Ms. Bowe’s religious rights.”
The department also said its traffic stop and search protocol were conducted “ethically and appropriately.”
“Ms. Bowe was stopped on 8 Mile Rd. — which, as a shared road between the Cities of Ferndale and Detroit, is routinely patrolled by both police departments — for having a fraudulent license plate. During the stop, she admitted to possessing a Taser without a concealed carry permit; upon search, officers discovered that she had a stun gun — a weapon that is illegal in Michigan. Ms. Bowe was placed under arrest and taken to the Ferndale Police Department,” the release reads.
Police Chief Dennis Emmi acknowledged in the release that Bowe was asked to remove her hijab for the booking photos.
“Our officers were simply following departmental policy, which includes photographing hair as an important identifying feature,” Emmi said. “Now, in reviewing the case and circumstances, I see the opportunity for our policies to evolve to better meet the needs of our community.”
Emmi said in the statement that he would reach out to CAIR-MI to discuss how the department can show “increased sensitivity and better serve citizens of the Muslim faith.” The release also stated City Manager Joe Gacioch would task Ferndale’s Racial Equity Action Team with delivering a religious and cultural sensitivity training to city staff.
CAIR-MI stated in its press release that there has been no communication with the city of Ferndale and that, “given the city’s lack of interest in discussing the alleged violations of Ms. Bowe’s religious rights,” the organization decided to file the lawsuit.
“By failing to formally respond to our concerns raised on behalf of our client’s civil rights having been violated, we were left with no other option but to sue the Ferndale Police,” CAIR-MI Executive Director Dawud Walid said. “Though the city touts itself as being a municipality of diversity and inclusion, it appears that its police department is not serious about this claim when it comes to Muslims.”
In an updated version of Ferndale’s statement following the official filing of the lawsuit, the Police Department stated that the “city’s Racial Equity Action Team convened earlier this month and identified an organization with which to pursue an organization-wide training. With approval by the City Manager, the Team is seeking a proposal and expects to present the information to City Council in November.”
“There is no such thing as too much education,” Gacioch stated in the release. “We recognize the need for further knowledge and guidance, we are absolutely open to accepting it and updating our policies and practices, and we look forward to a positive and productive partnership with our friends at the American Islamic Relations Council.”
The city stated that it’s not providing additional comments on the case, as it is an ongoing legal matter.