(WASHINGTON, DC, 9/21/2023) – On Friday, September 22, three attorneys with the Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, plan to offer oral arguments in the Fourth Circuit in the case of Va. elected official Abrar Omeish, who was pepper sprayed, arrested, and photographed without her hijab by the Fairfax County Police Department and Sheriff’s Office. After oral arguments, CAIR plans to hold a news conference outside the courthouse with Ms. Omeish and the attorneys arguing on her behalf.
WHAT: Oral Arguments and News Conference in Abrar Omeish Case
WHEN: The argument will take place on Friday, Sept. 22, at 8:30 AM. The news conference will likely begin at 11:00 AM*
WHERE: Argument: Tweed Courtroom (Room 4-14-D) at the United States Court of Appeals for the Fourth Circuit Lewis F. Powell Jr. Courthouse, 1100 East Maine Street, Richmond, VA 23219. The news conference will be held outside the courtroom front entrance
CONTACT: CAIR Senior Litigation Attorney Gadeir Abbas, 720-251-0425, [email protected]; CAIR Trial Attorney Justin Sadowsky, 646-785-9154, [email protected]; CAIR Staff Attorney Hannah Mullen, 202-742-6420, [email protected]; CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, [email protected]; CAIR National Communications Manager Ismail Allison, 202-770-6280, [email protected]
LIVESTREAM: facebook.com/CAIRNational
*NOTE: Because it is not certain when oral arguments will be over, the news conference may be delayed.
BACKGROUNDER:
Abrar Omeish is a Muslim woman, activist, and Fairfax County School Board member who was pepper-sprayed by a Fairfax County police officer after he pulled her over for turning right at a red light.
After she was taken into custody, Abrar was forced to remove her hijab (Islamic head scarf) and photographed in violation of federal law.
The District Court held that the police officer who pepper-sprayed Omeish was entitled to qualified immunity, a judge-made rule that prevents victims of civil rights violations from recovering for those violations unless the violation was already clearly established by binding prior judicial precedent. The District Court separately held that the Fairfax County Sheriff violated Omeish’s religious rights when it forced her to remove her hijab and took her photograph without her hijab on. Finally, the District Court held that Omeish was not entitled to an award of attorneys’ fees for the Sheriff’s illegal conduct, even though fees are ordinarily awarded to a prevailing civil rights plaintiff, because it was, in the District Court’s eyes, a close case.
Omeish is appealing the qualified immunity ruling, while the Sheriff is appealing the determination that it violated Omeish’s religious rights. CAIR Senior Litigation Attorney Gadeir Abbas, CAIR Trial Attorney Justin Sadowsky, and CAIR Staff Attorney Hannah Mullen will be providing arguments.
CAIR is America’s largest Muslim civil liberties and advocacy organization. Its mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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