New York City has reached a settlement in a lawsuit involving two Muslim-American women who alleged that the police violated their rights by forcing them to remove their hijabs before being photographed during their arrests. The city has agreed to pay $17.5 million in the preliminary class action settlement, which covers individuals, both men, and women, who were required to remove religious attire for mug shots.
The lawsuit, filed in 2018 by Jamilla Clark and Arwa Aziz, claimed that they experienced shame and trauma when compelled to remove their hijabs for their mugshots in Manhattan and Brooklyn, respectively. Both women were arrested for allegedly violating orders of protection they deemed unfounded. Their lawyers compared the experience of removing the hijabs to being strip-searched.
Clark, in a statement provided by her legal representation, expressed her feelings of vulnerability, stating, “When they forced me to take off my hijab, I felt as if I were undressed.” The settlement not only addresses the financial compensation but also aims to rectify the emotional distress caused by the violation of religious beliefs.
As part of the agreement, New York City’s police department adopted a new policy in 2020 allowing individuals to retain their religious head coverings during mug shots, as long as their faces are visible. This policy extends to various religious headwear, including wigs, yarmulkes worn by Jews, and turbans worn by Sikhs. However, police officers can temporarily remove head coverings in private settings to search for weapons or contraband, provided it is done by an officer of the same gender.
Nicholas Paolucci, a spokesperson for the city’s law department, hailed the settlement as a positive step towards reform within the NYPD, emphasizing the balance between respecting religious beliefs and law enforcement needs. Meanwhile, Albert Fox Cahn, the attorney representing Clark and Aziz, stated that the settlement sends a powerful message that violations of First Amendment rights won’t go unpunished.
The settlement is open to individuals who were forced to remove head coverings between March 16, 2014, and August 23, 2021. Payouts, after legal fees and costs, are estimated to total approximately $13.1 million and could increase depending on the number of eligible claims submitted by more than 3,600 potential class members. Each recipient is expected to receive between $7,824 and $13,125.
Pending approval by US District Judge Analisa Torres, this settlement marks a significant step forward in protecting religious freedoms and ensuring respectful treatment by law enforcement agencies in New York City.
