The written dress-code policy that Judge Russell declared unconstitutional forbids LCPL staff members from sporting “religious, political, or potentially offensive decoration.” Judge Russell wrote that it was “beyond credibility that an employee’s personal display of a . . . minor, unobtrusive religious symbol . . . would interfere with the library’s purpose.” However, he dismissed as defendants Director Linda Kompanik and Assistant Director Sheryl Appling.
Frank Manion, who as senior counsel of the conservative nonprofit American Center for Law and Justice served as Draper’s attorney, stated, “This decision sends an important message that employers cannot discriminate against employees who choose to express their religious beliefs in the workplace.” Draper, who had not requested reinstatement, is seeking unspecified monetary damages.
Library attorney Charles “Buzz” English Jr., who said that LCPL officials were weighing whether to appeal, characterized as “a very difficult balancing test” walking the line between free speech and the appearance of religious preference.
Posted September 8, 2003.