Court: No right to leave on head scarf

An Orthodox Jewish woman who had been arrested did not have a constitutional right to keep her head scarf on while she was being photographed at a New York City jail, a federal appeals court ruled on Tuesday.

A three-judge panel of the Second U.S. Circuit Court of Appeals said that it was reasonable for officials at the Rose M. Singer Correctional Facility to require that prisoners be photographed without head coverings so that they could be easily identified.

The plaintiff in the case, Elizabeth Zargary, 53, of Brooklyn, was arrested in Brooklyn and charged with grand larceny, forgery and other offenses in 1999, according to court papers. She eventually pleaded guilty to a reduced charge, her lawyer said, and sued.

"The policy is reasonably related to the city's unassailable interests in identifying prisoners and maintaining prison and prisoner safety and security," the court said in a summary order affirming a lower-court ruling in favor of the city in federal court in Manhattan.

Zargary's lawyer, Robert Rambadadt, said Orthodox Jewish women are required to wear head scarves as a sign of respect both to God and to a spouse, who is the only one allowed to see the woman in her true form.

He said city regulations only require a clear view of the face.

Zargary argued that the hair was not significant for identification because it is easily changed. She also said she should have been permitted to consult with a rabbi before removing the covering.

Rambadadt said he will consult with his client about a possible appeal to the Supreme Court.