Dateline:  Houston, TX

 MyFox Houston

A federal judge has ruled in favor of the City of Houston in a case over police officers’ facial hair.

A group of officers filed that federal lawsuit two years ago claiming discrimination.

The officers say a skin condition prevents them from shaving their beards, which is mandatory for Houston Police officers. But a judge has decided the case should be dismissed because the plaintiffs “offered only conclusory allegations and unsubstantiated assertions.”

Federal Judge Lee Rosenthal announced the decision on Thursday.

The police department has maintained the rule is in place for safer use of gas masks. The maker of the city’s masks says facial hair can prevent the devices from getting a good seal.

HPD Chief Hurtt said he is “very grateful Judge Rosenthal ruled in the police department’s favor” and added, “her decision will enable the Houston Police Department to continue to equip officers so they can safely do their jobs of protecting the public at all times.”

The department says any police officer with facial hair due to a skin condition, temporarily or permanent, will not be allowed to work in certain uniform assignments like SWAT, Special Response Group, Crime Scene Unit and/or any “call for service” assignment in the department.

The policy began in 1993 so officers would look professional, but it wasn't regularly enforced until gas masks were issued after the Sept. 11 attacks.

 HOUSTON CHRONICLE

Judge tosses suit against HPD beard ban

Officer says he may appeal

A Houston police officer who has battled the department's no-beard policy in court for nearly two years said Thursday he hasn't decided his next step after a federal judge threw out his civil rights lawsuit against the HPD and the city of Houston.

“We don't know if we're going to appeal it. We just feel that the judge made the wrong decision,” said Sgt. Shelby Stewart, one of four Houston Police Department officers who were plaintiffs in the case.

Stewart and the other officers suffer from pseudofolliculitis barbae, a skin condition common among black men. He wears a goatee because shaving can cause rashes and ingrown hair.

The officers were not allowed to wear uniforms and were assigned other duties. Stewart currently works in the HPD jail.

Safety or grooming?

U.S. District Judge Lee Rosenthal issued her ruling Sept. 3 in favor of the city and the police department, along with HPD Chief Harold Hurtt — also listed as a defendant.

“I think it was the right decision,” said Houston City Attorney Arturo Michel. “I think it really showed that the city had taken steps to address the officers' concerns.”

At the heart of HPD's policy and the lawsuit that followed are the protective masks that the department issues for its officers.

Lawyers representing the city argued that police officers will be first-line defenders in the event of a terrorist attack.

HPD officials said they adopted the standard because officers with facial hair cannot get an airtight seal with the protective mask the department uses — the Scott Promask 40.

Stewart, however, claimed officers with the skin condition did manage to achieve a proper seal with the gas masks.

“This was basically a grooming standard disguised as a safety issue,” he said.

The manufacturer, the Occupational Safety and Health Administration and other agencies said police officers with beards cannot safely wear the masks.

Financial factors, too

In a statement issued Thursday, Hurtt said he was “very grateful” that Rosenthal ruled in the department's favor.

“Her decision will enable the Houston Police Department to continue to equip officers so they can safely do their jobs of protecting the public at all times,” Hurtt said.

Stewart said he and the others were victims of racial discrimination because their skin condition disproportionately affects black men.

Not being allowed to wear HPD uniforms, the officers said, kept them from working most part-time security jobs.

“They've had their opportunity to work and make money to take care of their families severely cut back,” Stewart said.

The court, however, ruled an inability to find extra jobs was not a “substantial limitation on their ability to work.”

Stewart said financial concerns may dictate whether the officers can continue to pursue the matter in court.

“It's been tough fighting the city of Houston out of your own pockets,” he said. “I don't regret the stand that we took because it was the right stand to take.”

Comments (2)

Sergeant Mac: ... That skin condition is very real. I saw a fair amount of it while I was in the Army. (But I also saw a fair amount of soldiers using very mild cases of it as an excuse to not shave.....and I remember there being a very smelly but effective chemical solution to the problem.) 1 September 12, 2009 Tacitrain: I can shave! I deal with it every day. There are things that can be done to remedy the irritation. I cheat a little on how often I shave and just deal with the symptoms. Shaving isn't impossible for a Black man, it just takes more work. Some people do use it as an excuse to get around the regs. If that's the biggest beef officers have with the agency, things are pretty good at HPD. 2 September 12, 2009

Write comment

You must be logged in to post a comment. Please register if you do not have an account yet.