The Sikh Turban: Post-911 Challenges to This Article of Faith

D. Denial of Entry into Public Places
In addition to the violent backlash against Sikhs, the targeting of the turban after
9/11 has also led to Sikhs being denied entry into various public buildings and places of
public accommodation, such as courthouses, 142 postsecondary institutions, 143 and
political events. 144 For example, on September 23, 2001, Kabeer Singh was told to
remove his turban or leave the Hard Times Café and Santa Fe Cue Club in Springfield,
Virginia—despite the fact that prior to September 11, 2001, Sikh patrons, including
Singh, had been permitted to wear turbans at this establishment.
The DOJ conducted an investigation and concluded that F & K Management, Inc.
[hereinafter F & K], the owner and operator of the establishment, “had engaged in a
pattern or practice of discriminating against Sikhs, Muslims, Indian-Americans and other
Asian Americans who wear certain kinds of head coverings, such as turbans, for religious
or ethnic cultural reasons.” 145 The DOJ found F & K in violation of Title II of the Civil
Rights Act [hereinafter Title II], which provides that, “All persons shall be entitled to the
full and equal enjoyment of the goods, services, facilities, privileges, advantages, and
accommodations of any place of public accommodation . . . without discrimination on the
ground of race, color, religion, or national origin.” 146 The DOJ entered into a settlement
agreement with F & K, which specified that the establishment was required, in part, to
adopt a non-discriminatory dress code and apologize to Singh, his family, and to other
Sikhs. 147 This appears to be a relatively “easy” case as the same individual who went to this
venue was only denied entry after the terrorist attacks. The settlement agreement could
serve as a benchmark regarding the seriousness with which such discrimination in places
of public accommodation is viewed. However, cases involving turbaned Sikhs being
142 See, e.g., Sikh American Legal Defense and Education Fund, Georgia Court
Apologizes for Denying Sikh American Man Entrance to Court, available at
http://www.saldef.org/content.aspx?a=1391.
143 See, e.g., Sonja Sharp, Students Rail Scrutiny of Sikh, THE DAILY CALIFORNIAN, Sept.
24, 2004, available at http://www.dailycal.org/article.php?id=16228.
144 See, e.g., Ralph Ranalli, Sikh student detained by Secret Service, BOSTON GLOBE, July
30, 2004, available at
http://www.boston.com/news/local/articles/2004/07/30/sikh_student_detained_by_secret
_service/.
145 DOJ Settlement Agreement, United States and F & K Management, Inc., d/b/a Hard
Times Café and Santa Fe Cue Club, Feb. 28, 2003, available at
http://www.usdoj.gov/crt/legalinfo/discrimupdate.htm.
146 42 U.S.C. § 2000a (2007).
147 Id.
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