An Atlantic City firefighter filed a federal civil rights lawsuit against the city and the department’s chief and deputy chief after learning he would be suspended without pay unless he shaved his beard, which he has grown out for religious reasons.

Alexander Smith, who has worked for the fire department for more than 15 years and makes $115,000 a year as an air mask technician, is a born-again Christian who began growing out his beard in December as an expression of his faith, according to a lawsuit filed last week.

Smith reached out to the city for an accommodation Jan. 3 to keep his 3-inch beard, according to the lawsuit, because the Atlantic City fire department guidelines state “beards and goatees of any type are specifically prohibited.” Facial hair can affect the seal of the breathing apparatus mask firefighters wear while battling blazes.

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. When he does respond to a fire, it is “solely for the purpose of refilling SCBA air bottles," according to the lawsuit.

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

The city denied his request Feb. 15 because of “overwhelming safety concerns” for Smith, as well as other firefighters, according to the lawsuit. The denial said he must report to work clean shaven.

Smith is suing the city, Chief Scott Evans and Deputy Chief Thomas Culleny Jr. for violating his religious freedoms under the First Amendment and for violating the New Jersey Civil Rights Act. He 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.

Evans and Culleny did not immediately return a message seeking comment.

Smith’s attorney, Luna Droubi, filed a temporary restraining order while litigation plays out. A federal court judge did not rule on the order last Friday, but put it on hold, allowing Smith to return to work with his beard for the time being.

In order for a temporary restraining order to be granted, Smith must prove he would face irreparable injuries and that his constitutional rights would be violated. A court hearing on the order has not been set.

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.

The lawsuit points to a 1999 Third Court of Appeals opinion written by Judge Samuel Alito that states that a Newark police department policy to discipline two Islamic officers who refused to shave their beards was unconstitutional and violated the First Amendment.

In the lawsuit, Droubi also says the U.S. armed forces have “revised their grooming policies to provide for religious accommodations in these circumstances.”

According to her biography, Droubi secured a temporary restraining order against the New York City police department in 2016 for an officer who was placed on unpaid leave for refusing to shave his beard because of his Muslim faith, which led to the department changing its policy regarding religious accommodations.

“Around the country, among fire and police departments, there is a strange militaristic desire to make everyone looked uniformed,” Droubi said in a phone interview Monday. “That’s not how communities look anymore.”

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

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