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FRATERNAL ORDER OF POLICE NEWARK v. CITY OF NEWARK

No. 97-5542.

170 F.3d 359 (1999)

FRATERNAL ORDER OF POLICE NEWARK LODGE NO. 12; Faruq Abdul-Aziz; Shakoor Mustafa v. CITY OF NEWARK; Newark Police Department; Joseph J. Santiago, Newark Police Director; Thomas C. O'Reilly, Newark Chief of Police, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 3, 1999.

Attorney(s) appearing for the Case

Michelle Hollar-Gregory, Darryl M. Saunders (Argued), City of Newark, Newark, NJ, for Appellants.

Robert R. Cannan (Argued), Mario E. Dirienzo, Spevack & Cannan, Iselin, NJ, for Appellees.

Kevin J. Hasson (Argued), Eric W. Treene, Roman Storzer, The Becket Fund for Religious Liberty, Washington, DC, Ronald K. Chen, David Rocah, American Civil Liberties Union of New Jersey, Newark, NJ, Steven M. Freeman, David Rosenberg, Erica M. Broido, Lauren Levin, Anti-Defamation League, New York, NY, for Amici Curiae in Support of Appellees.

Before: GREENBERG, ALITO, and McKEE, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

This appeal presents the question whether the policy of the Newark (N.J.) Police Department regarding the wearing of beards by officers violates the Free Exercise Clause of the First Amendment. Under that policy, which the District Court held to be unconstitutional, exemptions are made for medical reasons (typically because of a skin condition called pseudo folliculitis barbae), but the Department refuses to make...

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