Judge allows beard temporarily

An Orthodox Jewish police officer suing the Metropolitan Police Department for religious discrimination received permission Friday to grow back his beard, an essential aspect of his faith, until his federal case is resolved.

But U.S. District Judge Roger Hunt ruled that Steve Riback, a nine-year veteran of the Police Department, cannot wear a yarmulke on the job. A yarmulke is a skullcap worn by Jewish men and boys.

Attorney Al Marquis successfully argued that it is essential for police officers to maintain a neutral, unbiased appearance. Outwardly showing religious or political leanings could compromise an officer's neutrality and even escalate an incident, placing police and the public in danger, he said.

"How would it appear if a judge came to court with religious symbols on his robe, or a yarmulke for that matter?" Marquis said. "That would be inappropriate."

American Civil Liberties Union attorney Lee Rowland said she was pleased Riback is permitted to wear a beard "to fulfill his own personal religious needs."

Still, Rowland believes Riback is being discriminated against. After Riback filed his complaint against the department, Sheriff Doug Gillespie adopted policies prohibiting officers from wearing beards unless they are a medical necessity and prohibiting police officers from wearing religious insignias on their uniforms.

"Police officers were officially permitted to display their Christianity on their uniform for years," Rowland said. "It wasn't a hardship until detective Riback asked to wear a yarmulke in a nonuniformed position. It's suspect."

Riback joined the department in 1998 and served as a patrol officer. In 2003, he joined the vice squad, working undercover. That position allowed Riback to wear a long beard and a hat. In 2006, Riback was assigned to quality assurance. Six weeks after he started that job, he was told to shave his beard.

Riback claims that police administrators refused to accommodate his religious needs or to discuss the issue with him. He alleges that they also declined to meet with his rabbi, who repeatedly requested time with them to explain the need for the yarmulke and beard.

Marquis told Hunt that the department already granted Riback's request to have the Sabbath off and to have kosher foods available. He called Riback a "whiner" and questioned his dedication to his religion.

"For the past year he has been clean shaven and without a hat," Marquis said. "It may be a personal preference (to wear a yarmulke and beard); it may be he really enjoys the attention he's getting in this case."

Marquis noted that Riback said the yarmulke was to remind him God was above.

"All it is is a reminder," Marquis said. "His requests are a moving target and they have been since day one."

Riback said his requests have been based only on the requirements of the religion.

"First and foremost, it has never been anything about publicity," Riback said. "It's based solely on principle and my expressed deeply held religious beliefs. If anything, I have shied away from the attention."

During a recess Friday, Gillespie asked Marquis to make clear that the personal comments made about Riback did not reflect his feelings about the detective.

"I commend the department for taking the high road and not permitting an assault on Steve's character," said Gary Peck, executive director of the ACLU of Nevada. "Any assertion that Steve is not a person of immense integrity and principal is simply not true."

Riback's trial is expected to begin in May.

Contact reporter Adrienne Packer at apack er@reviewjournal.com or (702) 384-8710.