Police Officer's Mocking of Plaintiffs' Religion Is Not Free Exercise Violation

In Huynh v. City of Houston, 2011 U.S. Dist. LEXIS 142989 (SD TX, Dec. 12, 2011), Vietnamese owners of a game room in Houston, Texas sue challenging repetitive excessive citations issued to them by a Houston police officer Mark Leija. Plaintiffs alleged that "on one occasion, Officer Leija mocked their religious beliefs by making reference to a Buddha statue inside the game room and by joking with patrons that Plaintiffs' religion and the statue were not helping them."  The court held, however, that: "Because they allege no facts showing that Officer Leija restrained them from the exercise of their religious beliefs, Plaintiffs fail to state a cognizable First Amendment free exercise claim."