An eighth grader was allegedly manhandled by police in Amarillo, Texas in October because of his rosary prayer beads, and the Rutherford Institute has taken up his case.
The civil liberties organisation is speaking out about the treatment of 14-year-old Jacob Herrera at a Sam Houston Middle School game, and expects the Amarillo Independent School District to change its policy regarding the prohibition of rosaries.
The beads are banned by the district because of their association with gang violence by the Amarillo Police Department. The schools do not allow their students to wear rosaries on school property, but Herrera received an exception from his principal.
The rosary was a gift from the teen's deceased brother, and he was allowed to wear it under his clothing during school, and outside of his clothing at football games.
"My son passed away two years ago, 2012, and he was teaching Jacob, you know about God and how you know, he should wear the rosary to protect him," Herrera's mother, Lori Martinez, told a CBS affiliate. "So Jacob believes that that rosary protects him and it's of his remembrance to his brother."
On October 29, Herrera attended a middle school football game with his rosary exposed, and was approached by an Amarillo police officer. When the teen refused to remove the beads, he was told to put his hands behind his back. Herrera also refused that instruction.
He allegedly refused to comply with any other instructions from the officer, and may have been slammed on the ground by the policeman.
"You know, he handcuffed him, and then crossed him across the street right there and slammed him again and he repeatedly slammed the child on the floor," witness Marviell Chavez reported.
Rutherford Institute founder John Whitehead said the officer's reaction was inappropriate.
"I think it was excessive force," he told the Christian Post. "The school should not be allowing this to happen. He is just an eighth grader.
"I understand that this [could be seen as] a gang symbol, but you can't repress the symbol. It is a matter of religious freedom and is a First Amendment right. I think that they are overreacting to the gang issues, and if you have somebody wearing it legitimately, yes, they should be allowed to wear it. I think it is an important issue or we wouldn't be involved."
Herrera was taken to the hospital following his altercation with the police, and was detained overnight.
The Rutherford Institute has threatened legal action if the district does not rescind its policy regarding rosaries, urge the police department to drop charges against Herrera, and issue a statement condemning excessive force by December 12.
District communications director Holly Shelton said the district's policies are being reviewed.
