WAUKESHA, Wis. — A Janesville woman has filed a federal lawsuit against Waukesha County, alleging her civil rights were violated when she was forced to remove her hijab for a booking photo — and then required to wear that photo on her wrist while in jail.
Lynn Tanner, a lifelong Muslim who wears the hijab as part of her religious practice, was pulled over by the Waukesha County Sheriff's Office while driving home from work on I-43 at the Racine Avenue exit. She was charged with possession of THC, possession of drug paraphernalia, and resisting or obstructing — all misdemeanors — and was taken to the Waukesha County jail to be booked.
Tanner said the jail initially appeared to respect her religious beliefs. A female officer conducted her search, had her remove her hijab for a hair search, and then allowed her to put it back on. But when it came time for her booking photo, she was told to remove it again.
"When I was told to remove my hijab which has been a part of my attire my entire life. It kind of felt like somebody was telling me to take my shirt off."
"Then to take a photograph and to document it for anyone to see," Tanner said.
The Waukesha County Jail's written policy states: "The hijab will again be removed for the intake photograph to be taken, also in the presence of female correctional staff."
Watch: Janesville woman sues Waukesha County, says hijab was removed for booking photo
Tanner's attorney, Samantha Baker, said the problem goes beyond the photo itself.
"The photograph was taken and then put on their system where male officers could see it. It was put on her wristband, which she was wearing in the jail when she was there, and male officers could see that as well. That in and of itself is a violation of the First Amendment," Baker said.
Baker said the photo is also accessible to the public.
"Anybody, a member of the public, can request this photograph; we are obviously requesting that this photograph be redacted to ensure that Ms. Tanner's rights aren't continually violated," Baker said.
Milwaukee County handles similar situations differently. It takes 2 photographs — one with a religious head covering on and one without. The second photograph is kept restricted from public view. Milwaukee County states that "with respect to the occupant's religious beliefs, so the first set of booking photos is done with the head covering on. The second set is taken without the head covering and, in terms of viewability, is restricted from disclosure and is only used for law enforcement and identification purposes."
Tanner said she believes she is not the only person this has happened to.
"I don't think this is the first person that this has happened to and don't think it is right, I don't," Tanner said.
Waukesha County was contacted for comment on the case. The county stated: "It is the practice of the Waukesha County Office of Corporation Counsel to not comment on pending litigation."
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