HOUSTON -- Police never know when they might need to put on a gas mask.

The Houston Police Department says Sergeant Shelby Stewart’s goatee would get in the way.

Sgt. Stewart doesn’t agree. “This has to do with the civil rights of African American males on the police department.”

He’s suing the department over its policy that bans beards and goatees. Stewart says a skin condition prevents him and three other officers from shaving.

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“Citizens don’t care if an officer has a beard or not. When they call for service they just want an officer to show up,” said Jolanda Jones with the Houston City Council.

The city council’s debate about spending $150,000 on private attorneys to defend the city turned into a debate over the policy itself.

“We’re being sued because we have put in place a policy to protect our officers that is correct, and they disagree with that,” said Councilmember Sue Lovell.

“We’re engaging in a great expense for our taxpayers and everybody in a policy that I’m not sure we need to be suing over,” added Councilmember Pam Holm.

Another councilmember turned to weigh to make his point.

“If you’re talking public safety then we might need to start talking about some weight restriction requirements. There are some pretty big officers running out there on the streets,” said Jarvis Johnson.

The council delayed its vote for two weeks.

The Mayor says the city should back the chief’s decision.

Sgt. Stewart says that a gas mask fits over his goatee. “It’s curious to me because all of us have passed the gas mask test.”

So is it safety or something else?

You may be paying more for the lawsuit that will decide this battle of the beards.