A High Court ruling has declared the Trinidad and Tobago Police Service (TTPS) tattoo policy for recruits unconstitutional, awarding $300,000 in damages to Daawuud Mohammed, a recruit who was disqualified because of his tattoos.
Justice Westmin James found that Mohammed’s disqualification violated his constitutional rights, including equality before the law, equality of treatment, and freedom of expression. Mohammed, who passed all stages of the recruitment process except for his final interview, was barred from proceeding in June 2023 due to tattoos on his right bicep and left triceps. One tattoo displayed his daughter’s name, and the other a Quranic verse.
Despite undergoing tattoo removal procedures, Mohammed was still denied entry into the police service as his tattoos were not fully removed. It wasn’t until he filed legal action that he was allowed to continue with his application and eventually began training in July 2024.
Justice James noted that Mohammed’s case mirrored a previous one involving a recruit disqualified for a ninja star tattoo, in which Justice Frank Seepersad ruled the tattoo policy illegal and discriminatory in 2011. The State chose not to appeal that decision, yet continued to enforce the policy against Mohammed.
“No corrective action was taken to address his situation in light of the court’s ruling,” Justice James stated, pointing out that it took nearly a year and a legal claim before Mohammed was allowed to complete his final interview and start training.
The judge criticized the police for failing to update their recruitment procedures, noting that the tattoo policy was arbitrary and discriminatory. “There is no reasonable justification for this policy,” he said, highlighting that tattoos on recruits’ hands or visible beyond the sleeve cuff were prohibited, even though Mohammed’s tattoos would have been covered by his uniform.
The policy also allowed serving officers to have tattoos, creating a disparity between recruits and existing staff. “The policy remains arbitrary and irrational,” James said, emphasizing that tattoos are a form of self-expression protected under the right to freedom of expression.
As a result of the ruling, James was awarded $25,000 for lost opportunity, $125,000 for distress, and $150,000 in vindicatory damages. The judge said the ongoing enforcement of the unconstitutional policy, despite its earlier declaration of unconstitutionality, made the award necessary.
“This case underscores the unfairness of the TTPS tattoo policy,” James concluded. “By continuing to defend this policy, the State has sent a message of exclusion and non-acceptance, which harms both recruits and the public’s trust in law enforcement.”
Anand Ramlogan, SC, Kent Samlal, Jared Jagroo, Natasha Bisram, and Asha Ramlal represented Mohammed, while Coreen Findley and Kadine Matthew represented the State.
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