HART, Mich — An election worker in Oceana County is suing the city of Hart, claiming she was wrongly prohibited from wearing a religious-themed shirt during the Nov. 3 general election.
The shirt stated: My Heart will TRUST in you JESUS.
Margaret Wittman says the shirt did not support any candidate or issue. And being told to remove it was seen as “an offense to God.’’
“Jesus holds no political office and was not on the ballot,’’ Wittman contends in the 11-page lawsuit filed this week in Grand Rapids federal court.
The lawsuit says Wittman “does not cease being a Christian when she is performing her duties as an election worker for the city.’’
City officials would permit a Muslim election worker to wear a hijab and a Jewish election worker to wear a Yamaka while working at the polls. Yet Wittman was prohibited from wearing her Jesus shirt because Hart officials view Wittman’s religious beliefs as political, she contends.
Wittman is being represented by the American Freedom Law Center in Ann Arbor. She is seeking damages as well as a declaration that the city’s policy violates her constitutional rights.
Defendants named in the lawsuit are the city of Hart, City Manager Lynne Ladner and Clerk Cheryl Rabe. City officials were unavailable for comment on Thursday.
Wittman says she signed up to be a Nov. 3 election worker for $10.50 an hour. At a training session the day before, election workers were told they could not engage in political speech while working the polls on election day.
“In other words, the election workers were told that they could not advocate for or against any candidate or ballot issue,’’ the lawsuit states.
A letter from city officials also directed election workers to “please make sure that there is no visible campaign material in/on your car if you choose to park at City Hall. Also, you should not wear any item that may appear to support a candidate or issue.’’
When Wittman arrived at the polls on election day, Rabe approached her and directed her to turn her ‘’trust in Jesus’’ shirt around and wear it backwards because it was considered to be “political speech,’’ according to the lawsuit. She refused.
Wittman was then told to wear a sweater to cover the shirt; she again refused. Wittman “sincerely believes that Defendant Rabe’s order was an offense to God,’’ according to the lawsuit.
Wittman says she lost her job as an election worker because she refused to remove or conceal the shirt.
City policy restricting political speech provides no definition of political “nor guidelines as to how this amorphous ban on ‘political’ speech can be objectively applied,’’ according to the lawsuit.
The city policy violates Wittman's First Amendment right to freedom of speech and her right to free exercise of religion. Her 14th Amendment right to equal protection under the law was also violated, according to the lawsuit.
The case has been assigned to U.S. District Court Judge Paul L. Maloney.
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