An Atlantic City firefighter who sued the department last month has shaved the beard he grew for religious reasons after a judge denied an order that would have allowed him to keep it for now, his attorney said.

Alexander Smith, a born-again Christian, began growing out his beard in December as an expression of his faith. But department regulations prohibit many types of facial hair because it can affect the seal of the breathing apparatus mask firefighters wear while battling blazes.

A temporary restraining order would have allowed him to work with the beard while the litigation played out.

“It was heartbreaking for him,” Luna Droubi, his attorney, said about having to shave his 3-inch beard.

Droubi said Smith made the decision in order to continue to provide for his family and pay the bills. According to state records, Smith makes $115,000 a year as an air mask technician.

In his lawsuit, Smith said the city denied his request for an accommodation in February to keep the beard because of "overwhelming safety concerns” for Smith, as well as other firefighters, according to the lawsuit. He was told he would be suspended without pay if he arrived to work with a beard, the lawsuit said.

In order for a temporary restraining order to be granted, Smith had to prove he would face irreparable injuries and that his constitutional rights would be violated, while also showing it wouldn’t be detrimental to the parties he was suing, including Atlantic City, the fire department, Chief Scott Evans and Deputy Chief Thomas Culleny.

Judge Robert B. Kugler last week found that Smith did not meet that burden.

As an air mask technician, a role Smith has had since 2015, he has never had to enter a burning building, use the self-contained breathing apparatus mask or wear a mask of any kind, according to the lawsuit.

“His job responsibilities do not include participation in extinguishing fires or search and rescue,” the lawsuit states.

Chief Evans testified at a court hearing that, because of financial problems, the department only has 185 firefighters compared to nearly 260 in 2014, meaning “all active members, even air mask technicians, are expected to be fit tested and able to engage in suppression fire in the event of an emergency,” according to the judge’s opinion.

Smith conducts the fit tests, yet he had not been fit-tested for three years while working as an air mask technician. Evans also had not been fit-tested for more two years, but he was a few days before the March 18 court hearing, according to Smith.

“Fit-test non-compliance appears to be rooted in general incompetence, not a system of governmental favoritism undercutting religious practice,” Kugler wrote in his opinion.

Smith admitted that facial hair creates “additional safety risks for firefighters by inhibiting a mask’s seal,” according to the opinion, because toxic fumes and smoke could enter an ill-fitting mask, while oxygen supply may also drain more quickly if a mask doesn’t fit correctly.

Deputy Chief Culleny then testified that he spoke with two equipment vendors who both said they did not have alternative masks that comported with state respiratory regulations.

“ACFD’s stated interest in the grooming policy is safety, and courts have long recognized that safety is a legitimate governmental interest,” Kugler wrote in his opinion to deny the temporary restraining order.

“If ACFD grants (Smith’s) accommodation, ACFD faces additional safety risks,” Kugler also wrote.

Droubi said they have filed an appeal of the denial and the matter will be litigated in the Third Circuit Court of Appeals. She said it is unclear when it will be heard.

In the bylaws of Smith’s church, Community Harvesters, it says growing a beard is a scriptural practice that is encouraged because “many of the prophets in the Bible wore beards,” according to the lawsuit. Smith, who is the pastor of the church, does not have a beard in the photos of him on its website.

When reached by phone at the church Thursday, Smith declined to comment.

According to the lawsuit, Smith is seeking an injunction preventing the fire department from any adverse employment actions against him and an award of compensatory and punitive damage determined at trial, according to the lawsuit.

Joe Atmonavage may be reached at jatmonavage@njadvancemedia.com. Follow on Twitter @monavage. Find NJ.com on Facebook.

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