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Standing up for the Constitution

To the editor:

In response to the recent settlement of my civil rights case and the Jan. 28 letter to the editor by Dane Mattoon headlined, "A lot of money to appease police detective":

Because Mr. Mattoon is a fellow cop, I thought he and your readers should know the actual facts and my view of what happened before accusing me of being "self-centered" and having no "honor, pride and dedication."

Although I vehemently disagree with most of what was written, I do agree that a police officer should go to work each day "fighting for what is right and just." In fact, that is exactly why I brought my case, which was not only "right and just" in my opinion, but necessary to ensure that others who serve are treated fairly when it comes to their religious freedom.

Our inalienable rights as Americans include our freedoms to speak out and to practice religion, both protected under the First Amendment. This is the same Constitution I swore under oath to protect when I became a police officer. No employer, including a police department, can require employees to surrender those rights as a condition of employment. Mr. Mattoon and others who think they can are wrong, and thankfully so.

Consistent with the legal rights that I and other officers enjoy, I made simple requests to wear the kind of head covering (including a police cap) and a short trimmed beard my Jewish Orthodox faith requires. Everything I asked for was already permitted in Metro policy for both uniformed and non-uniformed employees. Throughout this case, while awaiting court resolution, I attempted to scrupulously comply with every policy and order even when I believed that policies were changed multiple times in ways that further infringed upon my right to practice my faith.

Mr. Mattoon claims that mine is a "newfound faith" when it is actually a gift my parents proudly handed down to me at birth. Regardless, to suggest that employers have no obligation to accommodate those who find true faith or otherwise change in important ways as they go through life is misguided. It is also contrary to the law. Officers who find religion later in life can no more be denied reasonable accommodations than can pregnant or injured ones. The law makes plain that they cannot be forced "to find another job" merely because their circumstances changed after they were hired.

I agree with Mr. Mattoon that the settlement I received is "disturbing." It is "disturbing" that over two years ago, I repeatedly tried to meaningfully discuss my religious requests with Metro representatives. Ironically, what I suggested way back then -- a trim beard and head covering -- is exactly what Metro recently agreed to grant me after a prolonged legal battle. It is "disturbing" that instead of reaching compromise earlier, litigation ensued -- and at a large expense for the taxpayer.

After my attempts to compromise were rejected for two years, I was forced to seek the assistance of attorneys to wage an unnecessarily long and costly fight for my rights and those of other similarly situated officers. Thankfully, my claims were vindicated when the U.S. District Court ruled that my First Amendment rights with respect to my beard request had been violated by Metro. The money Mr. Mattoon is so upset about was never the issue for me. In fact, most of the money will go to attorney fees and is a small price to pay to ensure our religious freedoms are not trampled.

What is most important to me is that as a result of the settlement of this litigation, Metro has implemented a new policy meant to ensure that no one has to go through what I did when seeking to exercise their religious rights.

Regardless, I am now pleased that Metro decided to settle. If standing up for my rights leads people to think I am "self-centered," so be it. The way I see it, my fight was nothing more than that of a police officer doing exactly what the job calls for -- protecting the Constitution with the kind of honor, pride and dedication to public service that Mr. Mattoon and the public care so deeply about.

STEVE RIBACK

LAS VEGAS

THE WRITER IS A DETECTIVE WITH THE METROPOLITAN POLICE DEPARTMENT.

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