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Complaint in Sultaana Freeman Niqab Case
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA
SULTAANA LAKIANA MYKE FREEMAN,
Petitioner, CASE NO.: CIO02-600/ WRIT NO.: 02-4
v.
STATE OF FLORIDA,
Respondent.
________________________________________/
AMENDED PETITION FOR WRIT OF CERTIORARI, ACTION FOR VIOLATION
OF CHAPTER 761, FLORIDA STATUTES AND
ACTION FOR DECLARATORY RELIEF
Petitioner, SULTAANA LAKIANA MYKE FREEMAN's (hereinafter referred to as "Petitioner"), hereby files this Amended Petition for Writ of Certiorari and also asserts a claim for Violation of Chapter 761 (Florida's Religious Freedom Restoration Act of 1998), and an action for Declaratory Relief and states as follows:
1. Petitioner is a woman of the Muslim faith.
2. Petitioner was issued a driver's license by the State of Florida on February 21, 2002. A true and correct copy of the driver's license is attached hereto and incorporated by reference herein as Exhibit "A."
3. Petitioner had previously been issued a driver's license by the State of Illinois.
4. The driver's license issued from the State of Illinois and the driver's license issued from the State of Florida contain a photograph of Petitioner with a veil.
5. The wearing of a veil reflects a tenet, practice and/or custom of Petitioner's religion. Petitioner holds a sincere religious belief that her religion requires her to wear her veil in front of strangers and unrelated males.
6. On December 18, 2001, the State of Florida issued a letter stating that Petitioner's driver's license would be canceled unless she reported to an office located in Winter Park, Florida, to have a new photograph taken without her veil. A copy of that letter is attached hereto and incorporated herein by reference as Exhibit "B."
7. Petitioner could not comply with the December 18, 2001, letter as a result of her religious beliefs.
COUNT I
1. Petitioner realleges and reincorporates the allegations contained in Paragraphs 1 through 7, above, as if fully set forth herein.
2. This is an action pursuant to § 322.31, Florida Statutes. Pursuant to § 322.31, if an individual has had a driver's license canceled, suspended, or revoked, the matter is reviewable by Writ of Certiorari in the Circuit Court in the county where such person resides.
3. Petitioner asserts that her license was suspended, canceled and revoked in violation of her constitutional rights guaranteed by the Florida Constitution as well as § 761, Florida Statutes.
4. WHEREFORE, for the foregoing reasons, Petitioner respectfully requests this Court to grant a Petition for Certiorari quashing Respondent, STATE OF FLORIDA's, cancellation and/or revocation of her license and for such other and further relief as this Court deems just and proper.
COUNT II
1. Petitioner realleges and reincorporates the allegations contained in Paragraphs 1 through 7, above, as if fully set forth herein.
2. This is an action pursuant to § 761, Florida Statutes. § 761.03, Florida Statutes, requires that the government shall not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless the government can show a compelling governmental interest and it is done in the least restrictive means of furthering that compelling governmental interest.
3. The State of Florida does not have compelling state interest in having a full-face photograph of Petitioner on her driver's license without her veil.
4. Requiring Petitioner to submit to a photograph without her veil, in direct violation of her religious belief, is not the least restrictive means of meeting a compelling state interest assuming the state could show one.
5. Requiring Petitioner to have a photograph without her veil would substantially burden Petitioner's exercise of her religious beliefs.
6. Pursuant to § 761.04, Petitioner is entitled to attorneys fees if she is the prevailing party in this action.
7. WHEREFORE, for the foregoing reasons, Petitioner respectfully requests this Court to order that the cancellation and/or revocation of her driver's license is in violation of her religious beliefs and Chapter 761, and to award all attorneys fees and costs and such other and further relief as this Court deems just and proper under the circumstances.
COUNT III
1. Petitioner realleges and reincorporates the allegations contained in Paragraphs 1 through 7, above, as if fully set forth herein.
2. This is an action for declaratory judgment, which arises under Article I, Section 2, 3, 4, 9 and 23, of the Declaration of Rights contained in Article I of the Constitution of the State of Florida.
3. Jurisdiction is conferred on this Court by Article V, Section 5(b), of the Florida Constitution and Chapters 26 and 86, Florida Statutes (2001). Petitioner is guaranteed certain basic rights under the Florida Constitution including religious freedom, freedom of speech, due process, equal protection and right to privacy.
4. It is the position of Petitioner that the revocation and cancellation of Petitioner's driver's license is in violation of her Florida Constitutional rights.
5. Petitioner further asserts that Florida law does not require a full-face photograph as a condition precedent to receive a Florida Driver's License.
6. Wherefore, Petitioner respectfully requests this Court to take subject jurisdiction over this cause and the parties, and to enter an order declaring the revocation and/or cancellation of Petitioner's driver's license to be void and unconstitutional under Florida Law and to grant such further and supplemental relief as this Court deems just and proper.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U.S. Mail to: State of Florida, Division of Driver Licenses, Neil Kirkman Building, Tallahassee, Florida, 32399-0570, this _______ day of January, 2002.
_________________________________
HOWARD S. MARKS, ESQUIRE
Florida Bar No. 0750085
Cooperating Attorney for the ACLU Foundation of Florida,
Inc.,
Central Florida Chapter
Telephone: (407) 647-4455
Facsimile: (407) 740-7063
RANDALL C. MARSHALL, LEGAL DIRECTOR
Florida Bar No.: 0181765
ACLU Foundation of Florida, Inc.
4500 Biscayne Blvd., Suite 340
Miami, FL 33137-3227
Telephone: (305) 576-2337
Facsimile: (305) 576-1106
