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Lady Cops’ Lawyer Says Police Command Is Showing Prejudice
posted (May 2, 2019)
And while that is the police department's case - all 6 police officers have lawyered up to challenge the department. Three of them have retained attorney Leslie Mendez. She responded to ACP Magdaleno's claims today:

Leslie Mendez, Attorney, 3 police officers
"It's not as clear-cut as it was posed before where you could have seen that you could have easily found a rule that says that locks were prohibited. Now secondly, our position is that that interpretation is wrong and that locks are not included in the rules as framed now. But even if they are included and even if we have a court that says well elaborate head decoration does include locks. What we say is that this has significant constitutional rights implications and we say that such a policy and such a rule would be breaching the constitutional rights of these officers, specifically in respect to their freedom of conscience, freedom of expression and protection against anti-discrimination."

Reporter
"We know there are sub textual issues here about race, about good hair and bad hair, what is called bad hair, about natural black hair and also prejudices against Rastafarianism and everything associated with that. What is really at play here?"

Leslie Mendez, Attorney, 3 police officers
"What to me is happening in our view is that those biases and prejudices are now trying to be institutionalized, so that by interpreting the code or by enacting or implementing a dress code that says that you can't wear locks has significant implications. When you interpret that, that would in effect disproportionately affect the black community, because it is widely known that locks are used by persons in this community, because that's the way that they style their hair. The reasons why persons choose to lock their hair vary. Some of them have to do yes, because with the fact to their adherence to the Rastafarian faith. Some of them have to do with the fact that they have chosen to wear their hair natural and not put any chemicals on it and this is a way that you style and express your black identity through that hair. I don't it's at all controversial to say that locks and more generally the decision of specifically black women and girls to wear their hair naturally. I don't think that it's at all controversial to say that is a part of black identity and their decision to embrace black identity as such."

Reporter
"What is being repeated by the police department right now is that no elaborate head decorations may be worn. You are saying that these styles are not head decorations, they are hair."

Leslie Mendez, Attorney, 3 police officers
"The rules say no elaborate head decorations or extensions. If you read the rules in its full context, its clear at what it was intended to target is additions to your hair. This is not an addition; this is a particular hairstyle."

But what about the practical dimensions of hair that gets in the way of police work - which can involve very robust and demanding physical maneuvers?

Mendez said that concern is overblown:...

Leslie Mendez, Attorney, 3 police officers
"Again, okay it's a work hazard and you are trying to limit the officers from finding themselves in easy targets, but it seems to me the ban on locks is not a rational means by which to get there, because long hair per say at the department is not prohibited. what it is is that you are supposed to wear it up and you are supposed to secure it. Locks - that same thing can happen with locks, they wear it up and they secure it. We provided to the department a picture of the way that one of the officers has style their hair and you could see that its up and that its perfectly secured. In fact, I think that it is even more difficult to target her hair as oppose to for instance my hair right now. I have it in a bun. If I had it up, it would be far more easier to target my hair than the way that she had it styled. It was perfectly secured; it was very tight."

Reporter
"It is a discipline force and a certain uniformity must be maintained."

Leslie Mendez, Attorney, 3 police officers
"No, I think that a certain uniformity must be maintained for sure. But I dont think that accommodating some level of diversity particularly when it comes to respecting persons' cultural rights with in any way dismantle that in any significant way. I think that the concern of the floodgates opening - I have look at cases and that still have not been justified or by seen by the courts as something that is a real concern with respect to accommodating cultural right, religious rights, racial rights."

Reporter
"Is it an interesting case from a test perspective."

Leslie Mendez, Attorney, 3 police officers
"I would say it would be an important case, yes. For sure it would be a landmark case. I know for now are the issue on restrictions on locks is also being explored in Jamaica by the Jamaica court."

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