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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