Myell Thompson isn't afraid of confrontation. A small but emotionally strong woman, all she wanted when her husband, McKeever, was transferred to the Oregon State Penitentiary last year was to keep her head down and visit him with their children.
Unfortunately for Myell, who is a Muslim woman who converted to the Islamic faith, her head is most often covered in a hijab.
And that's where her problems with the OSP and the state Department of Corrections began.
Myell understands her head covering is often misunderstood, and in some cases feared. But it means modesty for Muslim women, she said, and it is not subjugation to her, but rather liberation that she can be faithful to her religion and husband.
A hijab and its accompanying modest dressing is mandated in the Qur'an, though some Muslims argue it is not a requirement but a choice open to individual interpretation. Myell said it's important for her to wear it when around men who are not her husband, father, father's father or sons.
In the Qur'an, she said, Muslim women are instructed to lower their gaze and guard their modesty, covering their beauty save for their face, hands and feet.
So it's not difficult to imagine her horror when a visiting-room guard at the state prison told her to remove her hijab because it was a "scarf."
She was also warned that she had to wear her hijab in the way the prison approved of or her head covering would not be allowed. Myell brought her case to Currie In Your Corner[1], but calls to the OSP by the Statesman Journal were not returned until two weeks ago, and then the paper was referred to a settlement letter for comment.
Thompson didn't give up. She refused to take off her hijab, and appealed to the guards, telling them that her head covering was religious in nature. She also asked for a copy of prison guidelines for religious head gear. She was given a one-page document with a passage highlighted in yellow that read: "paraphernalia associated with security-threat groups or create undue attention or conflict are prohibited."
"They were lumping my hijab in with gang clothing," Myell said.
When she tried to complain, both formally and informally, retaliation was swift and severe.
In a tort claims notice filed on Myell's behalf by the Salem law firm Lafky & Lafky, she says she was subjected to months of harassment and discriminatory treatment. At times, she and her children had their visits to her husband and father cut off.
Other times, she said guards made comments such as "What are you doing here?" and "We don't want your kind here." When she defended herself and her children, once trying to remove one from harm's way, guards repeatedly slammed her bag on the counter and acted aggressively toward her.
Several times she and her children left in tears.
The harassment and insults continued and morphed into retaliation. She was made to wait extraordinarily long times before her husband was allowed in the room, and she was separated from her children and their father during visitations in the play room. Myell said she filed reports with the prison superintendent and sought advice from the prison chaplain. But it wasn't until she filed a tort claim notice that she earned some attention.
"It looks like I was just in it for the money now," Myell said. "But all I ever really wanted was to visit my husband, and have us treated with respect. I get that some people fear I'm hiding something in my hijab, many believe all Muslims are terrorists. But if they get to know me and other Muslim women, they will learn we are proud people exercising our faith. We just want to visit quietly like others."
Last week, the DOC sent Myell a letter of apology signed by Jeff Premo, superintendent of the Oregon State Penitentiary and Garrett Laney, assistant superintendent of security for the OSP.
"On behalf of the Oregon Department of Corrections (ODOC), please accept our sincere regret and apology for the way you were treated at the Oregon State Penitentiary (OSP)," the two wrote. "We acknowledge that you were informed that you could not wear your religious headpiece while visiting OSP. The visiting staff should never have made comments about your religion or your religious attire. We are truly sorry that you were confronted by an OSP staff member (who is no longer employed with ODOC) in the visiting area."
The letter of apology was accompanied by a one-time settlement of $40,000 and a copy of the DOC's policy to promote and maintain a respectful workplace. It assures Myell that, effective immediately, it will establish a Diversity and Inclusion Advisory Council to track, monitor and support the mission of diversity and inclusion for the DOC.
According to wording in an attachment, the "purpose of this policy is to support and maintain a work environment sensitive to and respectful of the unique cultural attributes and histories of individuals, and provide employees fair treatment and equal access to mentoring, opportunities and resources."
Lafky & Lafky principal Kevin Lafky said he has litigated with the state frequently over the years, and in his experience, it is not common for a state agency to issue an apology.
"I give the state credit for doing that," Lafky said. "What remains to be seen is whether there will be a serious commitment going forward, in training and supervision, to prevent this from happening again."
He repeated that it wasn't about the money for Myell.
"Myell has honestly been driven by principle from the beginning," Lafky said. "It has always been about improving the experience for visitors like her. She was treated inappropriately, and it was her desire that it not happen again."
ccurrie@statesmanjournal.com[2]; 503-399-6746 or follow on Twitter at @CATMCurrie
A copy of the letter sent from the Oregon State Penitentiary apologizing to Ms. Myell Thompson:
References
- ^ Currie In Your Corner (www.statesmanjournal.com)
- ^ ccurrie@statesmanjournal.com (www.statesmanjournal.com)
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