This motion was filed and granted in USA vs Karimi (2022).
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA,
)
)
v. Plaintiff,
)
)
JASON ROBERT KARIMI,
)
)
Defendant.
)
Criminal No. 21-27 (PAM/KMM)
DEFENDANT’S PRETRIAL MOTION TO EXERCISE RELIGIOUS TENET
Jason Robert Karimi, through counsel, respectfully requests this Court allow Mr. Karimi to wear a religious head-covering during in-court proceedings. Mr. Karimi is a member of the Rastafari religion, where the wearing of a cap or Tam, bears a significant religious purpose.
BACKGROUND
The Rastafari religion originated in the 1930’s in Jamaica and is generally tied to “Protestant Christianity, mysticism, and a pan-African political consciousness.” 1 Rasta beliefs are based on a specific interpretation of the Bible and a central, monotheistic belief in a single God, referred to as Jah, who is deemed to partially reside within each individual.2
There are various beliefs among Rastafari members regarding both the significance of hair style and the wearing of a head covering.3 Rastafari principles
1 Encyclopedia Britannica, Rastafari, available at https://www.britannica.com/topic/Rastafari (last accessed March 15, 2021).
2 Wikipedia, Rastafari, available at https://en.wikipedia.org/wiki/Rastafari# (last accessed March 15, 2021).
3 Clarke, Peter B. (1986). Black Paradise: The Rastafarian Movement. New Religious
1
include the maintenance of long, locked hair and wearing attire with the colors of red, green, gold and black to represent the “life force of blood, herbs, royalty, and Africanness.”4 The colors also represent the Ethiopian flag as many Rastas accord Haile Selassie I, the Emperor of Ethiopia between 1930 and 1974, as a human prophet who fully recognized the inner divinity in every individual.5 Some members of the Rastafari religion wear head-coverings in the form of turbans, while others choose to wear the traditional Rastacap or Tam. 6
Mr. Karimi seeks to wear a Tam during his future court appearances. The Tam is a loose-fitting, colorful hat that Mr. Karimi wears as part of his spiritual, personal religious beliefs tied to Rastafarianism. In addition to its religious purpose, Mr. Karimi explains that the Tam helps him feel grounded while wearing it.
Mr. Karimi became a believer in the Rastafari tradition in the most natural manner. Down on his luck in November of 2009, Mr. Karimi made a cry for help in response to his constant panic attacks. The next moment Mr. Karimi was “showered” with emotions, which he interpreted was a sign from God. Mr. Karimi stated that he was drawn to the Rastafari movement because the members had biblical answers that no religion had offered him before. Mr. Karimi grew up in a Christian household where he was consistently dissatisfied with the lack of answers to his religious questions.
Movements Series. Wellingborough: The Aquarian Press.
4 Supra note 1.
5 Supra note 2.
6 Clarke, Peter B. (1986). Black Paradise: The Rastafarian Movement. New Religious Movements Series. Wellingborough: The Aquarian Press.
2
Today, Mr. Karimi incorporates his religious beliefs in his life. He frequently reads, interprets and discusses the bible with friends. Mr. Karimi was previously roommates with Jamison Arend, a licensed Rastafarian minister in Minnesota, who served as a mentor/father figure until Mr. Arend’s untimely death in December of 2020. Mr. Arend was instrumental in helping Mr. Karimi find his spirituality and his established beliefs in the Rastafari religion.
LEGAL ANALYSIS
The First Amendment declares that Congress shall make no law respecting an establishment of religion prohibiting the free exercise thereof. “Thus, the Amendment embraces two concepts,—freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society.’” Cantwell v. Connecticut, 310 U.S. 296, 303–04, 60 S.Ct. 900, 903, 84 L.Ed. 1213 (1940). Although the present matter does not derive from a statutory burden to weigh against the requested conduct, the framework is helpful to illustrate why Mr. Karimi’s request should be granted.
In United States v. Jefferson, the Court recognized that a Rastafari defendant had established that his conditions of supervised release placed a substantial burden on his religion by prohibiting the use of cannabis. United States v. Jefferson, 175 F. Supp. 2d 1123, 1130 (N.D. Ind. 2001). However, the established burden was weighed against the government’s compelling interest of health, safety, and uniformly enforcing drug laws. Id. The Court found that the conditions of supervised release and the prohibited use of marijuana were the least restrictive means to enforce their compelling government
3
interest and Mr. Jefferson was not permitted to use marijuana. Id. at 1131. Unlike Jefferson, however, Mr. Karimi’s request to wear a Tam in court does not bring forth the same governmental concerns that would outweigh any burden placed on the free exercise of Mr. Karimi’s religion. Also as a person who struggles with anxiety, Mr. Karimi finds comfort in his religion and wearing his Tam helps Mr. Karimi feel grounded and reminded of God.
In EEOC v. Ramnarain II, LLC, a Rastafari Disney employee was wrongfully terminated for maintaining dreadlocks for religious purposes. 2017 WL 3037831 (M.D.Fla.). In a religious discrimination lawsuit, a Rastafarian prep cook wore his hair in dreadlocks. He was interviewed and worked at a job site with his dreadlocks tucked under a cap for over a year without question or incident. Following a random inspection, three males were asked to cut their hair and remove their hats when asked. When the cook refused due to his religious beliefs, he was terminated from employment. The case resulted in a settlement for the plaintiff and a consent decree. In the consent decree, the Court prohibited any further religious discrimination in violation of Title VII. Id. Again, the employee’s religious hairstyle and cap, as a tenet of his religion, did not present a justifiable reason for the employer to infringe on the employee’s religious beliefs. MOTION
Mr. Jason Karimi, through his undersigned counsel, moves the Court for an Order granting permission to wear a religious head covering in future in-court proceedings.
4
Dated: March 23, 2021 Respectfully submitted, s/ Shannon Elkins
SHANNON ELKINS
Attorney ID No. 332161
Attorney for Mr. Karimi
107 U.S. Courthouse
300 South Fourth Street
Minneapolis, MN 55415
5
WeedPress: The Paper Trail 
Leave a comment