Muslim girl adds damage to lawsuit

<br>MUSKOGEE, Okla. (AP) _ A lawsuit on behalf of a Muslim girl suspended from school for wearing a head scarf was amended Monday to include a demand for $80,000 in damages. <br><br>Attorneys for 11-year-old

Tuesday, March 16th 2004, 12:00 am

By: News On 6

MUSKOGEE, Okla. (AP) _ A lawsuit on behalf of a Muslim girl suspended from school for wearing a head scarf was amended Monday to include a demand for $80,000 in damages.

Attorneys for 11-year-old Nashala Hearn also added a claim in the lawsuit that Muskogee Public Schools violated the equal protection clause of the Constitution.

The suit, which previously sought only $1 in compensatory damages, claims the school's dress code discriminates unjustly against religious clothing.

``It would appear exceptions have been made to the dress code for nonreligious reasons, but the religious reason sought by or advanced by this little girl was not recognized as legitimate,'' said Leah Farish, Nashala's Tulsa-based attorney.

D.D. Hayes, attorney for the schools, said he will ask a judge to dismiss the federal lawsuit.

``I've just glanced at it,'' Hayes said of the amended petition. ``I have no idea why they've claimed damages. Everybody's abiding by the agreement.''

``She's been wearing the headdress in class.''

Hayes said he expects to file the dismissal motion in the next two weeks.

The district suspended Nashala in October for wearing a head scarf that officials believe violates the districtwide dress code. The child wears the hijab as part of her observance of the Muslim religion.

The sixth-grader returned to school Oct. 15 after twice being suspended for wearing the scarf. The district said she could wear the hijab while Hayes reviewed the district's policies.