Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Akridge v. Barres

Decided: June 26, 1974.

DEREK THOMAS AKRIDGE AND THE BRONZE SHIELDS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS,
v.
ANTHONY BARRES, CHIEF OF POLICE, AND THE CITY OF NEWARK, DEFENDANTS-RESPONDENTS



On appeal from the Superior Court, Appellate Division, whose opinion is reported at 122 N.J. Super. 476 (1973).

For affirmance -- Chief Justice Hughes and Justices Hall, Mountain and Sullivan. For reversal -- Justices Pashman and Clifford. Pashman, J. (dissenting). Clifford, J. (dissenting).

Per Curiam

The judgment is affirmed substantially for the reasons expressed by the Appellate Division.

PASHMAN, J. (dissenting). I join in the dissent filed by my colleague Mr. Justice Clifford. I must, however, make it clear that I believe there is a legitimate state interest in the appearance of our police officers. The public must be able to recognize on sight a law enforcement officer in the "uniformed" division. Indeed, the presence of a uniformed officer has been demonstrated to deter criminal activity. I am satisfied that uniformity of dress plays a significant role in the discipline of a police department.

On the other hand, hair grooming and personal appearance are different matters. In my opinion, public officials and employers, both public and private, have grossly over-reacted to different hair styles. There is not a scintilla of evidence to support the position that the camp of "short hairs" possesses a superior aptitude or attitude toward their studies or a greater proficiency at their employment than do their "long hair" counterparts.

It is a gross injustice to determine the merit and character of a person by his appearance alone. Those among us who steadfastly continue to perpetuate such nonsense are reveling in self-delusion. Their inability to cope with changing times is reflected in their intransigence in placing themselves in the position of a sole moral arbiter of what is acceptable and good and what is not.

It appears to me that many governmental superiors and employers are simply exhibiting a distaste for long hair styles and nothing more. Our differences in life-style are as distinct as our differences in religion and politics, and, therefore, we should be able to hold and express such without undue interference.

A governmental employer should bear the onus of justifying the legitimate state interest necessary to establish and sustain a regulation of this nature.

CLIFFORD, J. (dissenting).

It is bromidic to say that times change, but perhaps this is a case where a bromide is in order. [ Bishop v. Colaw, 450 F.2d 1069, 1078 (8 Cir. 1971) (Aldrich, J. concurring)].

Special Order 71-15 of the Newark Police Department sets "Standards of Appearance" for "hair styles and facial hair growths" worn by municipal police officers.*fn1 The Chancery Division ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.