A panel of the 9th Circuit previously ruled that the Religious Land Use and Institutionalized Persons Act does not apply to a "holding cell", thus dismissing Souhair Khatib's lawsuit against Orange County officials for requiring the removal of her head scarf while in custody. Khatib's argument that RLUIPA protects that religious expression got new life, though when the entire 9th Circuit agreed to rehear the case.
The majority of the three-judge panel agreed that the jail facilities in the court room were not covered by the Religious Land Use and Institutionalized Persons Act of 2000, which provides for religious freedom in prisons, because it was only a temporary holding facility.
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[Khatib's attorney, Hector] Villagra said the ACLU argued a similar case in San Bernardino County, which was settled out of court with an agreement to change county policy.
