still waiting for concrete examples
Hamilton02 at aol.com
Hamilton02 at aol.com
Mon Jun 22 10:31:13 PDT 2009
Having just read both opinions, which are quite remarkable, especially
Judge Williams' concurrence in the DC Cir opinion, I have to ask Art one
question-- It seems quite clear from the record that there really is a danger
to those with facial hair in responding to emergencies. You were correct
when you said you won on a procedural point (burden of proof). The case also
seems to have been won based on the district court's failure to read the
entire record.
But here is my question--- Are those who will be working in these
positions with facial hair as a result of this case signing agreements
indemnifying DC in case of injury? Usually, such uniform/gear decisions are made by
the government and, therefore, you would hold the government liable. But
here, the government insisted, based on expert advice, that there is a
danger. Now the government against its better judgment is being forced by the
court to put these individuals into active duty... why should the government
(translation: taxpayers) pay when one of them is injured at a fire due to
the presence of facial hair?
In answer to your earlier question, this is one more case I would put in
the category of RFRA folly.
Marci
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