Stradley v. Andersen

Decision Date17 May 1973
Docket NumberNo. 72-1698.,72-1698.
Citation478 F.2d 188
PartiesLarry STRADLEY, Appellant, v. Richard R. ANDERSEN, as Chief of the Division of Police, Department of Public Safety, City of Omaha, Nebraska, Appellee.
CourtU.S. Court of Appeals — Eighth Circuit

Bennett G. Hornstein, Omaha, Neb., for appellant.

Kent Whinnery, Omaha, Neb., for appellee.

Before LAY and STEPHENSON, Circuit Judges, and TALBOT SMITH,* Senior District Judge.

LAY, Circuit Judge.

The Omaha Department of Public Safety, Division of Police, acting by and through its Police Chief, Richard R. Andersen, has promulgated a general order relating to standards of appearance and hair style for police officers. The plaintiff, Larry Stradley, an officer in good standing, brought this action under Section 1983 of Title 42 of the United States Code, alleging that his constitutional rights were violated by enforcement of the order. He alleges that he wears his hair and clothing neatly and in a well-groomed fashion with a portion of his hair extending slightly below his ears. He asserts that this does not restrict or hamper him in any way in the performance of his duties. He brought the suit as a class action for himself and other officers similarly situated. The district court, after trial on the merits, found that the regulation was reasonable and calculated to achieve legitimate state interests. Stradley v. Andersen, 349 F.Supp. 1120 (D.Neb.1972). We affirm.1

The regulation reads:

"This order pertains to Chapter I, Section 19, of the Rules and Regulations of the Police Division, `Unprofessional actions, or conduct, while on duty or in uniform.\'
"All personnel shall be alert, efficient, neat and business-like before the public.
"Hair appearance has become quite a problem as far as appearance before the public is concerned within the Omaha Police Division.
"Numerous comments, complaints, and criticism have been directed toward the Police Division based on outlandish types of hair styles. In order to reasonably conform with the general public, the following regulations shall be applicable, and shall be effective as of 1 June 1971, for all members of the Omaha Police Division.
"HAIR: Hair must be evenly tapered on sides and back. No hair will lap or curl over the ears or shirt collar. Hair style cannot interfere with the normal wearing of the uniform headgear. This means that the hat of the uniform, when properly worn, must be in the close proximity to both the ears and the eyebrows of the person wearing the hat in a standard appearing manner.
"SIDEBURNS: Maximum length of sideburns will be to the bottom level of the ear lobe. No flair (mutton-chops). Sideburns must be evenly tapered, cut parallel to the ground and can be no wider than one inch.
"MUSTACHE: Mustaches must be neatly trimmed and tapered. Mustaches shall not extend beyond the corner of the mouth looking at a person directly to his face. No handlebar or Fu Manchu types of mustaches will be allowed.
"GOATEE OR BEARD: Beards and Goatees will not be allowed under any conditions. The face must be clean shaven for working purposes other than specified above.
"Exceptions to these rules shall only be allowed for officers who are working in the undercover type of activity within and for the Omaha Police Division. The special exemptions for this purpose shall be by request and directive of the Deputy Chief in charge of the Criminal Investigations Bureau."
In essence, Chief Andersen testified that the purposes of the regulation were (1) the maintenance of an efficient and disciplined police force and (2) the maintenance of public confidence.

The order is not attacked as being unreasonable. The basis of plaintiff's argument is that "policemen, like firemen, probation officers, teachers, other classes of public employees, public school students, and other persons have a federal constitutional right to choose their personal hair style and length." The argument is made that the defendant has failed to sustain its burden that such an order is necessary to enable police officers to carry out the mission of a city police department.

The plaintiff further contends that this court's opinion in Bishop v. Colaw, 450 F.2d 1069 (8th Cir. 1971), upholding the right of a school boy to wear whatever hair style he and his parents desired, is equally applicable to a police officer. We there found that the right involved, although not cognizable on a First Amendment ground, was based on the freedom to govern one's personal appearance and commanded protection under the Due Process Clause of the Fourteenth Amendment. However, we acknowledged that recognition of this right was not unconditional and required us to weigh the competing interests asserted. We found that the school authorities failed to demonstrate any necessity of the regulation of hair length and style.

Appealing contrasts are urged to justify individual styling—thus plaintiff pleads that the order will allow mustaches "such as that of Adolph Hitler, but not permit those modeled after Mark Twain, Dean Acheson or other prominent and respected persons." We cite these comparisons because we think the essential weakness of the argument lies in this contrast—plaintiffs are not serving in the role of dictators, authors or statesmen, but rather, they have undertaken responsible roles in a...

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    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 21, 1977
    ...and rules in order to lend practical assurance that he will follow command and not abuse his awesome authority. Stradley v. Anderson, 478 F.2d 188, 190 (8th Cir. 1973). The state, therefore, has a significant governmental interest, succinctly expressed by the majority, "in regulating some s......
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    ...If under these conditions, a wig or hair piece is worn, it will conform to department standards." App. 57-58. 2. E. g., Stradley v. Andersen, 478 F.2d 188 (CA8 1973); Greenwald v. Frank, 40 A.D.2d 717, 337 N.Y.S.2d 225 (1972), aff'd without opinion, 32 N.Y.2d 862, 346 N.Y.S.2d 529, 299 N.E.......
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