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BITTERMAN v. SECRETARY OF DEFENSE

Civ. A. No. 82-1455.

553 F.Supp. 719 (1982)

Murray BITTERMAN, Plaintiff, v. SECRETARY OF DEFENSE, et al., Defendants.

United States District Court, District of Columbia.

December 14, 1982.

Attorney(s) appearing for the Case

Nathan Lewin, David Butler, and Robert Smith, Washington, D.C., for plaintiff.

R. Craig Lawrence, Asst. U.S. Atty., Washington, D.C., for defendant; Francis S. Moran, Jr., Lt. Colonel, USAF, General Litigation Div., Washington, D.C., of counsel.

MEMORANDUM

GASCH, District Judge.

This case presents the question of whether the United States Air Force can constitutionally enforce its dress regulation, AFR 35-10, which has been interpreted as prohibiting plaintiff from wearing a yarmulke while in uniform on active duty.

Plaintiff, Sergeant Murray Bitterman, is a member of the United States Air Force and is presently stationed at Vandenburg Air Force Base as an air traffic controller.

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