New York City has reached a settlement agreement of $17.5 million in response to a lawsuit brought forth by two Muslim-American women who alleged that the police violated their rights by demanding the removal of their hijabs before being photographed upon arrest. The preliminary settlement, which is considered a class action, encompasses individuals, both men and women, who were compelled to remove religious attire for photography purposes.
Filed in Manhattan federal court on Friday (local time), the settlement necessitates approval from US District Judge Analisa Torres. After deducting legal fees and costs, the payouts are estimated to amount to approximately $13.1 million and could potentially increase if a significant number of the over 3,600 eligible class members file claims. Each recipient stands to receive between $7,824 and $13,125.
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The resolution stems from a lawsuit initiated in 2018 by Jamilla Clark and Arwa Aziz, who asserted that they experienced shame and trauma when compelled by the police to remove their hijabs for mugshots in Manhattan and Brooklyn, respectively, the previous year. Both individuals had been arrested for allegedly violating orders of protection, which they deemed baseless. Their legal representatives likened the act of removing the hijabs to a strip search. “When they forced me to take off my hijab, I felt as if I were naked,” remarked Clark in a statement provided by her attorneys. “I’m not sure if words can capture how exposed and violated I felt.”
In response to the lawsuit, the New York Police Department agreed in 2020 to allow individuals, irrespective of gender, to retain head coverings during mugshots, provided that their faces remained visible. Nicholas Paolucci, a spokesperson for the city’s law department, stated, “This settlement resulted in a positive reform for the NYPD. The agreement carefully balances the department’s respect for firmly held religious beliefs with the important law enforcement need to take arrest photos.” The revised policy also encompassed other religious headwear such as wigs and yarmulkes worn by Jews, and turbans worn by Sikhs.
