Lawyer: Judge refuses to allow man to wear religious headcovering

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By Alexis Stevens

The Atlanta Journal-Constitution

A DeKalb County man says not being allowed to wear his religious headcovering in a courtroom violates his Constitutional rights.

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WSB-TV Troy "Tariq" Montgomery

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Troy "Tariq" Montgomery, 46, is Muslim and wore a kufi, a tight-fitting cap, on his head when he went to court Thursday morning to defend a speeding charge, his attorney Mawuli "Mel" Davis, told the AJC.

But for the third time, Henry County State Court Judge James Chafin refused to allow Montgomery to enter the courtroom, Davis said. He was not allowed to enter the courtroom on two previous court dates. Davis said he tried to explain to Chafin on Thursday why Montgomery wears the kufi.

"It is a symbol of humility," Davis said. "He also wears his pants above his ankles. This is what he wears all the time."

But Chafin still refused, saying he wants to see proof, such as a religious doctrine, that requires Montgomery to wear the kufi, Davis said. Davis plans to file a motion to challenge the judge's decision. He said he has also contacted the ACLU and the Georgia Association of Muslim Lawyers.

Montgomery is the second Muslim in just over two years who has not been allowed to wear religious attire in a courtroom, Davis said.

In December 2008, Lisa Valentine was arrested in Douglas County for refusing to remove her headdress, called a hijab. The ACLU filed a lawsuit in Valentine's behalf, and in July 2009, the Georgia Judicial Council adopted a policy clarifying that religious headcoverings can be worn in Georgia courthouses.

"Here we are two years later with a Muslim man not being able to wear his religious attire," Davis said.

Chafin told Davis he believes the policy only applies to women, Davis said. Davis also said security is not the issue, but rather courtroom decorum.

Chafin was in court Thursday afternoon and unavailable for comment, a spokeswoman in his office told the AJC. The judge did not return a message left for him.