Litigation Update: Smith v. City of Atlantic City

The Atlantic City Fire Department requires all personnel who respond to fires or other emergencies to follow the proper use of an air mask when exposed to hazardous air. To ensure a proper fit, employees are prohibited from growing facial hair that could interfere with the mask seal. Plaintiff, Pastor Alexander Smith requested a religious accommodation to wear a short beard, arguing that growing the beard was an exercise of his faith and that wearing the mask was not part of his technician role in the department. This request was denied, citing safety concerns, prompting Smith to pursue legal action, alleging First Amendment, Equal Protection, and Title VII violations. However, the District Court of New Jersey ruled in favor of the fire department.
Together, the Harvard Religious Freedom Clinic and First Liberty Institute are appealing his case to the Third Circuit, with oral argument on October 30. Join Kayla Toney, who is arguing the case, and Katie Mahoney, Clinical Instructional Fellow at the Harvard Religious Freedom Clinic, as they break down the argument.
Featuring:

Kayla Toney, Associate Counsel, First Liberty Institute
(Moderator) Kathryn Mahoney, Clinical Instructional Fellow, Religious Freedom Clinic, Harvard Law School