Sixth Circuit Upholds Prison Hair Length Rules

In Hoevenaar v. Lazaroff, the U.S. Sixth Circuit Court of Appeals yesterday rejected a prisoner's claim that rules regarding his hair length burdens his right to practice his religion in violation of the Religious Land Use and Institutionalized Persons Act. Hoevenaar is a Native American of Cherokee ancestry who wishes to maintain a “kouplock” (a two inch by two inch square section at the base of the skull where hair is grown longer than a person's other hair). This violates the grooming provisions in Ohio Admin. Code § 5120-9-25(D). Prison authorities argued that the grooming provisions prevent inmates from hiding contraband in their hair, and prevent them from quickly changing their appearance after a prison break by cutting their hair. The court reversed the trial court's ruling in favor of the Hoevenaar, saying that the trial judge failed to give proper deference to prison officials on the issue of whether banning a kouplock was the least restrictive means to promote prison safety and security. [Thanks to Stuart Buck via Religionlaw listserv for the lead.]