Military Discrimination – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Atlanta Gym Bans Police and Active Military Members https://legacy.lawstreetmedia.com/blogs/culture-blog/atlanta-gym-bans-police-active-military-members/ https://legacy.lawstreetmedia.com/blogs/culture-blog/atlanta-gym-bans-police-active-military-members/#respond Wed, 09 Aug 2017 20:48:11 +0000 https://lawstreetmedia.com/?p=62660

The owner believes other members would be uncomfortable working out beside police.

The post Atlanta Gym Bans Police and Active Military Members appeared first on Law Street.

]]>
"The gym" Courtesy of Chun Kit To: License (CC BY 2.0)

The owner of an Atlanta gym wants the world to know that police aren’t welcome at his business.

Recently, Jim Chambers posted a sign on the front door of the EAV Barbell Club explaining the gym’s rules. The sign is clearly visible from the street and reads, “Do whatever the hell you want, correctly, except crossfit cultism. No f—–g cops.”

According to Chambers, although the sign went up a couple weeks ago, he has enforced this policy since the gym opened. He also does not give memberships to active members of the military.

Former law enforcement and military members, however, are welcome to join.

In an interview with Reuters, Chambers explained that most of his clients are minorities and/or members of the LGBT community. Many of them would be uncomfortable working out alongside law enforcement because police officers had harassed them in the past.

“We know statistically that those people are at risk around police in America,” Chambers said. “I had members who joined because of the policy: they saw it on the door and thought, ‘Oh, that’s cool,’ and joined.”

He has since removed the vulgar sign but plans to put up another without the expletives.

The Atlanta Police Department has not released an official statement about the policy. However, a representative told local news station WXIA, “Were we to respond to an emergency there, this sign would not stop us from lawfully doing our job.”

Chambers doesn’t mind. “If they have a warrant, they can go anywhere they want, but we’re not breaking the law,” he said.

He also noted that, as someone who describes himself as “somewhere between an eco-anarchist and a Marxist-Leninist,” he would not be likely to call the police in the first place.

WXIA reached out to a team of lawyers about the legality of the policy. They agreed that federal anti-discrimination laws do not protect law enforcement as a separate group. The courts could decide if the policy is discriminatory, but for now, it remains legal.

Since the story broke on Tuesday, mixed reactions have been pouring in on social media. The gym’s Facebook page currently has a 1.4 rating and over 2,000 one-star reviews.

Delaney Cruickshank
Delaney Cruickshank is a Staff Writer at Law Street Media and a Maryland native. She has a Bachelor’s Degree in History with minors in Creative Writing and British Studies from the College of Charleston. Contact Delaney at DCruickshank@LawStreetMedia.com.

The post Atlanta Gym Bans Police and Active Military Members appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/culture-blog/atlanta-gym-bans-police-active-military-members/feed/ 0 62660
Sikh Army Captain Wins Religious Freedom Victory https://legacy.lawstreetmedia.com/blogs/culture-blog/sikh-military-member-wins-religious-freedom-victory/ https://legacy.lawstreetmedia.com/blogs/culture-blog/sikh-military-member-wins-religious-freedom-victory/#respond Thu, 07 Apr 2016 19:32:39 +0000 http://lawstreetmedia.com/?p=51689

Simratpal Singh won a victory against the U.S. Army.

The post Sikh Army Captain Wins Religious Freedom Victory appeared first on Law Street.

]]>
"Departure Ceremony" courtesy of [The U.S. Army via Flickr]

The Army has taken a step toward a more inclusive work environment this past week. Decorated Captain Simratpal Singh was finally granted the right to fully practice his religious faith while serving in the army. Captain Singh practices the Sikh faith, in addition to 500,000 other Americans, according to the Sikh Coalition. As a Sikh, Singh wears his unshorn hair in a turban and has a beard. Up until April 1, 2016, he did not have the long-term religious accommodation to wear a turban and keep his hair unshorn–but that just changed.

Singh’s story begins 10 years ago at West Point. In his first year he had to shave his head and beard in order to continue his education. In the New York Times, Dave Philips interviewed Singh about this experience a decade ago. Singh said,

As terrible as it sounds when I showed up at West Point, I accepted defeat. But I promised myself I would find a way back to my roots while also serving my country. I knew I would figure out a way.

Singh went on to graduate with an honors degree, serve as a Army ranger in Afghanistan, and earn a Bronze Star as well as an Army Achievement Award. The year after Singh graduated from West Point the Army began allowing Sikhs to serve with turbans, beards, and unshorn hair through a special waiver. Once Singh graduated with his Masters in electrical engineering last fall he told his commander he intended to report to his next assignment with his turban, unshorn hair, and beard. He then submitted a written request for religious accommodation. Assistant Secretary of the Army Debra Wada granted him permission to wear the turban, unshorn hair, and beard on December 09, 2015 in a letter, but only on a temporary basis. In the letter Wada wrote,

You may wear a beard, turban, and uncut hair in a neat and tidy manner that presents a professional and well groomed appearance. The bulk of your hair, beard, or turban may not be such that it impairs your ability to wear the Kevlar helmet or other protective equipment or impedes your ability to operate your assigned weapon, military equipment, or machinery…This religious accommodation may be revoked if required by military necessity.

What makes this scenario particularly incredulous is that Sikhs served in the U.S military from WW1 through 1981 without restrictions on their religious articles of faith. Sikhs already enrolled in the services before the 1981 restriction were grandfathered. The Army claims the turban and hair could impede the soldiers from fully securing gas masks on themselves, or other protective gear, yet military divisions in Canada, the United Kingdom, and Australia allow Sikhs to serve without any restrictions.

In early March, Singh went to court to protest the additional gas mask test the Army required of him to make a final decision on his religious accommodation request. Singh had already done gas mask testing with his unit, so he argued the additional test targeted him because of his religious articles of faith. He filed a restraining order under “unusual or discriminatory testing,” and U.S. District Judge Beryl Howell ruled in his favor.

Singh achieved his religious accommodation last week with the help of the Sikh Coalition, The Becket Fund for Religious Liberty, and law firm of McDemott Will and Emery. It’s a huge win for Singh and there is solace in this victory for the Sikh community. He told New York Times,

Throughout the Army’s history, it’s been slow to move but has always moved in the right direction. I think that happened here. It only makes sense that our military would reflect the diversity of our nation. Kids like me used to be told you can be anything you want to be, but you can’t serve your country in uniform. That is no longer the case.

However, Singh’s victory does not overpower the fact that any other Sikh wishing to wear his turban will have to go through a petition process for religious accommodation. Freedom of religion is, in essence, as old as our armed forces–it’s about time that was recognized.

Dorsey Hill
Dorsey is a member of Barnard College’s class of 2016 with a major in Urban Studies and concentration in Political Science. As a native of Chicago and resident of New York City, Dorsey loves to explore the multiple cultural facets of cities. She has a deep interest in social justice issue especially those relevant to urban environments. Contact Dorsey at Staff@LawStreetMedia.com.

The post Sikh Army Captain Wins Religious Freedom Victory appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/culture-blog/sikh-military-member-wins-religious-freedom-victory/feed/ 0 51689
Correcting Past Prejudices: Honoring Our Veterans https://legacy.lawstreetmedia.com/news/correcting-past-prejudices-honoring-our-veterans/ https://legacy.lawstreetmedia.com/news/correcting-past-prejudices-honoring-our-veterans/#respond Wed, 17 Jun 2015 18:12:17 +0000 http://lawstreetmedia.wpengine.com/?p=43131

Two World War I heroes were awarded the medal of honor after being denied for their race and religion.

The post Correcting Past Prejudices: Honoring Our Veterans appeared first on Law Street.

]]>
Image courtesy of [DVIDSHUB via Flickr]

Two veterans have been denied the Medal of Honor for nearly a century for their life-saving actions on account of their race and religion. Both Pvt. Henry Johnson and Sgt. William Shemin committed tremendous acts of bravery while serving in World War I, but because Johnson was African American and Shemin was Jewish, they did not receive the military’s highest honor. On June 2, 2015, Johnson and Shemin received their Medals of Honor, nearly 97 years after their courageous acts.

These recent Medal of Honor presentations come amid an effort by the Obama Administration to correct past injustice in the military. A provision of the 2002 defense authorization bill prompted the Pentagon to look for potential cases of discrimination in Medal of Honor decisions, and now several of these injustices are finally being righted. Last March, President Obama awarded the Medal of Honor to 19 Hispanic, Jewish, and African-American veterans who were overlooked because of their racial and ethnic backgrounds.

In May 1918 near Sainte Menehould, France, Johnson and another member of his regiment fought off at least 12 German soldiers after a surprise attack. While a fellow soldier suffered serious injuries, Johnson moved forward to engage the attacking Germans in hand-to-hand combat forcing them to retreat. Although he suffered severe wounds, Johnson managed to the protect his companion from capture with only his hands and a knife.

A few months later in August 1918, Shemin repeatedly ran across a battlefield to save injured members of his platoon. He risked his life, exposing himself to machine gun and rifle fire. In the process, Shemin was hit by shrapnel and had a bullet lodged in his left ear after it pierced his helmet. He also took leadership of his platoon temporarily after all senior officers died on the battlefield.

Shemin was awarded the Distinguished Service Cross for his service, but was never given an explanation for why his first Medal of Honor request was denied. Shemin died in 1973 without receiving the Medal of Honor, but earlier this month his daughter, Elsie Shemin-Roth, received the award on his behalf.

Johnson served with the “Harlem Hellfighters,” an all-black regiment put under French command because African-American soldiers could not serve in the same combat units as white Americans. His race was likely the reason he did not receive the Medal of Honor following the war. Johnson died in 1929 and is currently buried in Arlington National Cemetery. Command Sgt. Major Louis Wilson, a commander in the New York National Guard, accepted the award from President Obama on his behalf.

President Teddy Roosevelt wrote that Johnson was one of the “bravest American soldiers in the war,” and in the 1950s Langston Hughes began pushing for him to receive the Medal of Honor. After his service, Johnson was one of the first Americans to receive the Croix de Guerre avec Palme, France’s highest award for valor. He also earned the Wound Chevron–an award that recognized soldiers who were wounded in combat–the  Purple Heart from President Bill Clinton, and the Distinguished Service Cross in 2003.

Senator Chuck Schumerwas one of Johnson’s strongest advocates. Without the determination of Schumer and his staff, Johnson may never have received the Medal of Honor so many years after the fact. The senator’s office managed to find a letter written by Gen. John J. Pershing commending Johnson’s bravery, including excerpts from his peers. Johnson’s Medal of Honor application was resubmitted and the new evidence and eventually approved. After the announcement that Johnson would receive the Medal of Honor, Schumer told The New York Times,

The great thing about America is that we undo our injustices more than any other country… his act and heroism was amazing.

In 2011 Senators Wyden and Merkley wrote a letter to Leon Panetta, the Defense Secretary at the time, stating,

These awards do not properly recognize Private Johnson’s heroism and with new evidence it is now possible for the nation to give Private Johnson the recognition he deserves, the Medal of Honor.

These senators, joined with several other members of Congress, called for an exception to the Medal of Honor rule, which states that heroic actions must have taken place within the last five years to be considered.

Shemin-Roth worked for years to get her father’s heroism properly documented. In an interview last year, she claimed that her father was not given the Medal of Honor because he was Jewish. Senator Claire McCaskill and several Jewish organizations took up his cause and pushed to award the Medal of Honor to Shemin.

After the award ceremony, McCaskill said,

I couldn’t be prouder that we were able to correct these past injustices, and that William Shemin and other Jewish heroes will get the recognition they deserve, and the national gratitude they earned.

While these recent awards show progress in correcting past wrongdoing, we must continue to ensure that all veterans are properly commended for their service. It is a shame that it took our nation almost a century to overlook racial and religious prejudice in the cases of Private Johnson and Sergeant Shemin. If we prevented these injustices in the first place, we would never have to undo them.

Jennie Burger
Jennie Burger is a member of the University of Oklahoma Class of 2016 and a Law Street Media Fellow for the Summer of 2015. Contact Jennie at staff@LawStreetMedia.com.

The post Correcting Past Prejudices: Honoring Our Veterans appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/correcting-past-prejudices-honoring-our-veterans/feed/ 0 43131