Maria Hardman, 19, of Boulder, reported to the jail Wednesday to do the paperwork for a two-day work crew sentence that was supposed to be served this weekend. But when a jail detention officer told her to remove her headscarf for her mug shot, she balked.
"It's stated in the Koran in two or three places that believing women should wear the veil, except in the company of close family members," she said.
Hardman said she spent three hours at the jail while her lawyer tried to convince officials to let her take the picture with her scarf. She eventually was allowed to leave the jail without taking a picture at all. She said she was told she would be found in contempt of court for being out of compliance with her sentence.
Division Chief Larry Hank, who oversees the Boulder County Jail, said his officers never threatened Hardman with contempt of court. He said they told her she needs to explain to a judge why she wouldn't comply, and his office would be filing a motion explaining the jail's requirements.
Hardman's attorney is working on a motion explaining her position, though no hearing has been set in the case.
Hank said it's not his intent to violate anyone's religious beliefs, but jail booking photos are a law-enforcement tool and need to give a clear image of what the person looks like.
He said he offered to have male officers leave the area and have Hardman take off her headscarf with only a female officer present, but she declined. Hank said that's been an acceptable compromise to other Muslim women in the jail. Hardman said she doesn't want a photo of herself without hijab entered into the statewide system, where it would be a public record.
Hardman said that while she was detained, jail officers took her shoes and jewelry, and she worried she would be booked on the spot.
"They told me I could just stay there and skip the work crew," she said. "I was worried they were going to forcibly remove my headscarf."
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