The New York State Department of Motor Vehicles forced an Orthodox Jewish woman to remove a religious head covering while posing for a driver’s license, violating state policy and the Constitution, according to a federal law suit filed on April 27.
The state didn’t follow its own rules in its demand of Sara Fellig, the Brooklyn resident’s lawyer Emma Lerner Freeman told JNS.
“Especially in New York City, which prides itself on being a safe place for people of all faiths, the DMV needs to do better,” the lawyer told JNS. “It must be held accountable for violating Ms. Fellig’s First Amendment rights and causing her lasting trauma.”
Fellig alleges that the incident took place on Nov. 13 at the department’s office on Atlantic Avenue. A state employee asked Fellig if the head covering, described in the complaint as a “beanie-style hat designed to be worn over a partial wig,” served a religious purpose.
After Fellig confirmed that it does, the employee told her, “Well, you still can’t wear your hat,” according to the complaint.
She still was told to remove the hat even after she offered to adjust the covering, which did not obscure her face, the complaint alleges. Fellig says that she took off her head covering in a crowded, public area in order to take the photo.
Many married, Orthodox women cover their hair in the presence of men other than their husbands.
New York regulations allow head coverings in license photos, provided that the face is clearly visible, per the complaint.
The lawsuit alleges that Fellig “experiences a renewed desecration of her religious beliefs” every time she has to present her license, with her pictured with uncovered hair, for identification purposes.
The suit names Mark Schroeder, commissioner of the state motor vehicle department, and two unnamed employees as defendants. It cites what it says are inadequate training and failure to follow established policy.
Forcing Fellig to uncover her hair in public caused “severe emotional distress, trauma and deprivation of her constitutional rights,” the filing alleges.
Fellig, who identifies as part of the Chabad-Lubavitch Chassidic community in Crown Heights, is a mother of three young daughters. She says that she wears a head covering in public, despite experiencing multiple incidents of antisemitic harassment in recent years.
She is seeking damages and court-ordered reforms, including improved staff training for department employees on accommodating religious practices.
