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Legal Protection
The Sikh Coalition uses legal action as the last resort to resolve a dispute. Yet in many cases this is necessary, and a strong legal program makes potential violators more receptive to education and advocacy initiatives. The legal program seeks to help individual Sikhs in need and to take on cases that set long-term precedents that impact the entire country.
2004 Legal Protection - Highlights
Coalition Battles New York MTA to Allow Sikh to Serve
Victory ! – Sikh Coalition and Amric Singh Win Battle Against the NYPD to Allow Sikhs to Serve
Coalition Continues to Defend Sikhs’ Right to Practice Their Faith
Coalition Battles New York MTA to Allow Sikh to Serve
The New York Metropolitan Transit Authority (MTA) attempted to force Kevin Harrington (Sathari Singh), a Sikh, to remove his religiously required turban in order to maintain his job as a subway train operator. Sathari Singh has worked as an MTA train operator for over twenty years while wearing his turban, but in 2004 the MTA ordered him to remove his turban or take a job in an MTA yard, away from public view. The Coalition became involved in July of 2004, a few weeks after the MTA announced its policy to Sathari Singh. Soon after, the Coalition issued several legal letters to the MTA, began negotiations and provided the MTA with information regarding other cases in New York City (e.g., Amric Singh vs. the NYPD). In addition, the Coalition launched an online petition that garnered nearly 5,000 signatures. Combining the case with the other major activities occurring in New York, Sathari Singh and the Coalition were able to generate interest in his case in dozens of newspapers and several television stations around the country..
“The Sikh Coalition has been an amazing friend to me in this struggle. They have fought to defend my rights, and also helped me understand how I can turn my challenge into a victory for the entire Sikh community. I’ve never been so proud to be a Sikh in America”
–Sathari Singh (Kevin Harrington)
In October of 2004, the United States Department of Justice announced that it would support the case for Sathari Singh and several Muslim women against the MTA. We are confident that we will prevail in this matter and Sathari Singh will continue to proudly wear his turban and present a positive image of a Sikh wearing a turban for the millions that ride the New York subways.
Media Covering the MTA Case – The Coalition continues to leverage strong media relations to draw attention to the high profile cases affecting the Sikh community.
- CNN
- New York Daily News
- New York Times
- Irish Echo
- Newsday
- United Press International
- New York One
- Local 100 Express
Sat Hari Singh - A Career of Service
List of Organizations Co-Sponsoring the MTA Petition |
- American Gurdwara Prabandhak Committee
- SikhNet
- Bay Area Sikhs
- Sikhpoint
- California Sikh Council
- United Sikh Students of NJIT
- Sikh Research Institute
- Gurudwara Singh Sabha of Washington
- National Gurdwara, Washington, DC
- Sikh Youth Commission
- New England Sikh Study Circle, MA
- Guru Ram Das Gurdwara, MA
- Sikh Religious Society, IL
- Gurdwara Guru Nanak Darbar,, MA
- Sikh Students Association of University of Virginia
- Waheguroo! Network
- Sikh Volunteers of Washington
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- United Sikhs
- Sikh Kirtan Prachar Mission of Australia
- Sikh Spectrum
- FATEH (Fellowship of Activists To Embrace Humanity)
- Sikh Students Organization, Wayne State University
- Sikh Students Organization, University of Washington
- Sikh Dharma, Houston, TX
- International Institute of Gurmat Studies, Inc. (IIGS)
- Central Jersey Sikh Assoc.
- The United Sikh Assoc of Virginia Commonwealth University
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- Non Sikh Organization
- Asian Counseling and Referral Service (ACRS), WA
- Asian Pacific Islander Coalition (APIC) of King County, WA
- Washington Asian Pacific Islander Families Against Substance Abuse, WA
- Indo-American Friendship Forum, WA
- KSI Corporation, Granada Hills, CA
- St. Anthony Church, Providence, RI
- India Arts & Heritage Society, Seattle, WA
- South Asian American Leaders of Tomorrow (SAALT), New York, NY
- Japanese American Citizens League (JACL), Seattle Chapter, WA
- SAYA!, Elmhurst, NY
- South Asian Network, CA
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Victory ! – Sikh Coalition and Amric Singh Win Battle Against the NYPD to Allow Sikhs to Serve
On August 27, 2001 the New York Police Department (NYPD) fired Amric Singh (Rathour) for refusing to remove his turban. After three years of near-constant struggle, including legal action, community outreach, press coverage and gaining government support, the NYPD settled the case.
After 3 years, Amric back on the job with his turban
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The victory in Amric’s case was part of a much larger story. All of the steps taken in this struggle to gain this victory significantly increased the capacity of our community to protect the rights of Sikhs across the nation. During the course of this case, the Coalition held two press conferences that allowed us to forge ties with the media. Consequently, the Coalition was able to draw attention to not only Amric’s case, but other important issues such as hate crimes and employment discrimination in other city agencies.
Also, the Coalition undertook the most significant legal action ever involving a Sikh’s civil rights in the United States. The Coalition filed a federal civil rights lawsuit, ensuring that the issues had a national scope. During this process the Coalition prepared for the court hundreds of pages of legal documents that can form the basis for future cases. We also created significant bonds with several prominent non-profit legal organizations that focus on civil rights.
These relationships help ensure that Sikhs with major civil rights issues will have a strong network to support them. Finally, the Coalition made considerable inroads for the community with government agencies. Through great diligence, the Coalition gained the support of New York Attorney General
In addition, the Coalition established several relationships with members of the city council. All of these relationships (legal , media and government) helped Amric, but they also helped Rajinder Singh Khalsa, Sathari Singh (Kevin Harrington) and Sikhs across the country to come a step closer to equal treatment from the law.
Amric returned to work at the NYPD, with his turban, in October of 2004. He is directing traffic near the busy Manhattan Bridge entrance leading into Brooklyn. Amric reports that he is thrilled to be on the force and that his new colleagues at the NYPD are treating him well. He says that he already feels a sense of community with his fellow officers. He looks forward to a long career, serving the city in which he was born and raised.
"I would like things to change for…. Sikhs all over this country, We're like the first pilgrims looking for the right to religion, the right to choose. If we have to choose either our work or our religion then this is not a place for everyone."
-Amric Singh (Rathour)
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Coalition Continues to Defend Sikhs’ Right to Practice Their Faith
| Kirpan Victories in 2004
New York v. Kashmir Singh, April 13, 2004: Prosecutor in Manhattan drops charges against a Sikh cab driver for carrying a kirpan.
State of Montana v. Sarjeet Singh and Gurnam Singh, April 20, 2004:Prosecutor in Big Horn County, Montana drops a kirpan prosecution against two Sikh truckers for carrying kirpans on their persons while driving through Montana.
Ohio v. Anoop Kaur Ahluwalia, May 12, 2004: City drops weapon possession charge against a Sikh woman who entered an airport wearing her kirpan.
City of Bellevue v. Gagandeep Singh, September 17, 2004: Local prosecutor drops criminal charges for carrying a kirpan against an elderly Sikh man.
State of Washington, County of Kittitas v. Gajjan Singh Bal,
July 28, 2004: Criminal charges against a Sikh trucker are dropped by local prosecutors in Kittitas County, Washington.
State of California v. Kamaldeep Singh , August 4, 2004: Criminal charges against a Sikh student for carrying a kirpan while studying in the cafeteria are dropped.
State of Michigan v. Bhagwant Singh, August 16, 2004: criminal charges against a Sikh for carrying his kirpan while waiting for his father in his car outside an airport are dropped by local prosecutors in Wayne County, Michigan.
Oregon vs. Gurpal Singh, October 1, 2004: Prosecutors in Roseberg, Oregon decline to file criminal charges against Gurpal Singh (Gill), a Sikh truck driver after the Coalition intervenes. Singh was originally issued a criminal citation for carrying his kirpan. |
After September 11 th, many of the most challenging cases facing Sikhs were issues related to carrying the kirpan. Since September 11, 2001, the Coalition has actively defended the rights of nearly twenty Sikhs arrested or charged with a crime for carrying their kirpan. In 2004, the Coalition handled eight major kirpan cases from all across the United States.
We hope that success with cases will help educate police and prosecutors about Sikhs and their articles of faith. Over time, the number of cases should be reduced and Sikhs will be free to practice their faith
Case Profile: Harvinder Kaur, Overland Park , KS
After initially informing an amritdhari Sikh employee that she would face discipline if she wore her kirpan to work, a bank in Kansas reversed its decision. The bank, Capital Federal, changed its decision after working with the Sikh Coalition.
In February 2004, Harvinder Kaur contacted the Coalition, stating that her employer had informed her that morning that she would be disciplined and her employment potentially terminated if she continued to wear her kirpan to work. She then had to make a choice the following morning when she came back to work: either keep her kirpan at home and compromise her faith, or wear her kirpan to work and face possible termination.
Harvinder contacted the Coalition a few hours after she was informed she could no longer carry her kirpan to work. The afternoon the Coalition received her call, the Coalition's Legal Director called her immediate supervisor and faxed a letter explaining the spiritual significance of the kirpan and citing past precedent in which employers either allowed Sikh employees to carry the kirpan or courts dismissed criminal charges against Sikhs for carrying the kirpan.
The next morning, the Coalition received a call and an e-mail from Harvinder Kaur stating that her employer would now allow her to wear the kirpan to work. Her e-mail read:
"VeerJi, <Smile> I just can't thank you enough. Whatever I have achieved today is because of HIM and your effort. I really am so relieved because Human Resources has allowed me to wear my Kirpan….. I just can't be more happy than today. So far it's the major victory of my life…."
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