Detroit, USA - The arrest of a Wayne State University student has sparked conflict between upholding the city's knife ordinance and protecting religious freedoms.
Sukhpreet Singh Garcha, a 23-year-old senior, was arrested on campus in August for carrying a 10-inch knife on his hip and was charged with violating a city ordinance that prohibits carrying knives with blades longer than 3 inches. Garcha, a practicing Sikh, said the knife was a tenet of Sikhism -- a religion founded in India.
The charge was later dropped, but the American Civil Liberties Union and the United Sikhs have rallied around the student, claiming the arrest violated Garcha's religious rights.His lawyers have asked 36th District Court Judge Rudy Serra to clarify the city's knife ordinance. Serra is expected to issue an opinion as soon as today that will likely exempt kirpans from the city's knife ordinance.
"I don't believe the ordinance was intended to be applied to cases like this," Serra said.
Kirpans are not considered weapons under the Sikh faith, and carrying them at all times is one of the key tenets of Sikhism, which has 25 million followers worldwide, according the Sikh Coalition. Sikhism teaches that followers should remember God at all times and preaches that people of different races, religions and sexes are all equal.
Michael Steinberg, legal director for the ACLU, hopes the ruling will serve as precedent and as a "teachable moment for the city and university."
"Our major concern is that individuals not be punished for practicing their religion," Steinberg said.
In the meantime, Wayne State University and Garcha's lawyers are trying to work out a compromise, especially after Garcha was arrested again on Dec. 6 for wearing the kirpan. Criminal charges were not pressed, and Garcha was released. Neither police nor Garcha's lawyers would comment on the circumstances of the second arrest.
"We were saddened and alarmed, and it was a little upsetting to all involved in the community that this did happen again," said Harpreet Singh, legal director of United Sikhs.
"We are trying to work with Wayne State and trying to prevent such incidents from happening in the future. We hope with education we will come up with some amicable solution."
Wayne State public safety officers first arrested Garcha on Aug. 14, after responding to a call about a "man with a knife, wearing a blue shirt, blue jeans and black turban" walking across the football field.
Garcha, an injured football player, was assisting the team at practice. Police found Garcha with the 10-inch knife and another 5-inch blade, also a kirpan, hidden under his shirt, according to the arrest report.
Garcha, an Ontario resident, was baptized into the Sikh faith last summer.
All baptized Sikhs must have at all times the five articles of faith: uncut hair, a comb kept in the hair, a steel bracelet worn on the right wrist, a special undergarment and the kirpan, described as an ornamental knife that represents dignity and the struggle against injustice.
Singh said arrests such as Garcha's have occurred throughout the country. But once authorities understand the faith, the charges are dismissed, he said.
Wayne State's Public Safety Director Anthony Holt said the university is exploring ways to honor Garcha's beliefs as well as ensure safety. The department had never encountered a case like this before, he said.
Holt said Garcha will no longer be stopped or arrested for carrying the kirpan.
Maury Waugh, who coached Garcha on the Wayne State football team in 2003, said Garcha wasn't a standout player but had a good sense of humor and players call him "Sunny."
"To the best of my knowledge he wasn't a violent guy," Waugh said, noting he didn't believe Garcha practiced Sikhism while he was a player.
"He seemed like a great citizen. I don't believe he is a danger to anybody."