AUSTIN, Texas — The Council of American-Islamic Relations (CAIR) is accusing officials at the Travis County Jail of violating the rights of female detainees who were arrested after Monday's protests at the University of Texas at Austin.
According to CAIR, female students reported being denied menstrual supplies, sanitary products and were prevented from partaking in religious observance and expression for hours.
One student was allegedly forced to remain in menstrual blood-stained clothes for hours despite requests for menstrual supplies. She was also reportedly denied soap to wash with, according to CAIR.
Female students were also reportedly denied appropriate religious covering. One female student’s hijab – a religious head covering worn by Muslim women – was allegedly forcibly removed during her arrest and not given back to her for multiple hours. Other female students claimed to have been denied long-sleeved modest clothes despite numerous requests.
Some female students claim they were forced to change their clothing in a public area, visible to male officers and other detainees.
One student recounted to CAIR how she tried to cover her torso while being searched in front of male officers, only to be told by the officer performing the search that if she attempted to lower her shirt, it would be perceived as a threat.
Muslim female students were allegedly forced to take their mugshots without appropriate religious clothing and were told by the sheriff’s office that the mugshots would remain in a file.
Additionally, another student reported asking for necessary garments to fulfill her five daily prayers – a tradition consistent with Islam – only to be dismissed by officers, leaving her with no option but to pray sitting down, without a hijab, arm covering or prayer mat.
A spokesperson with CAIR issued the following statement on Thursday:
“This conduct the students allegedly faced while being detained is in direct violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq. The First Amendment of the United States Constitution guarantees the freedom of religion, and this right extends to all individuals, including those in custody.
"The actions reportedly taken against these students are not only a violation of this fundamental right but also a failure of the system to accommodate female detainees with basic human, feminine, and religious needs. We urge all the community stakeholders to support these students and speak up against such egregious acts."
The Travis County Sheriff's Office (TCSO) has disputed CAIR's claims, saying that jail staff provided sweatshirts and feminine hygiene products, and that head coverings were only removed for inspections and to take booking photos that are only kept internally.
A spokesperson with the TCSO provided the following statement:
"Honoring the religious expression rights of individuals in custody is extremely important to TCSO. There are also procedures that must be followed in accordance with Texas Commission on Jail Standards policy to ensure the safety and security of correctional facilities, officers, and arrestees. TCSO carries these out while accommodating religious expression. The following are some examples of that commitment to respecting arrestees’ religious expression.
Arrestees are offered long-sleeved sweatshirts whenever there are concerns expressed about their arms being covered. Arrestees who asked for sweatshirts were accommodated. To further assist with this commitment, sweatshirts were also brought to Central Booking from TCSO’s laundry facility at Del Valle. Of course, with the unusual volume of arrestees at the same time and the number of people requesting them, that took time to accomplish.
Individuals who wear a head covering are asked to remove it for security inspection only. This is completed in private by officers of the same gender. Once completed, the individual in custody is allowed to place the head covering back on before returning to the intake area to complete their booking paperwork. This practice was followed.
Further, TCSO’s current operating procedure regarding booking photographs of individuals who wear a head covering is to allow them to keep their head covering on while fingerprints and booking photos are completed. For security purposes, and to have on file an unobstructed photo in the event of an escape from the facility, a separate photograph without the head covering is taken in private by an officer of the same gender, and these are maintained in a confidential, access restricted supervisor file, separate from booking photos.
Central Booking neither carries nor supplies religious items such as head coverings, prayer mats, rosary beads, etc. for individuals who come into custody without them. Once an arrestee has been magistrated and accepted into the care and custody of TCSO, Chaplain Services provides religious materials upon request.
Arrestees change into jail uniforms in private, secure rooms. Women are offered a variety of feminine hygiene products to choose from upon request. The restrooms in the Central Booking seating area are freely accessible by arrestees and soap is available in those restrooms. Any concerns brought to our attention are addressed.
TCSO adamantly respects the rights of everyone in its jail facilities, whether an arrestee or an employee, and welcomes offers from the ACLU and other organizations to collaborate on religious expression in a jail setting via an in-person meeting."