New York City has agreed to pay $17.5 million to settle a lawsuit brought by two Muslim-American women who alleged that the police violated their rights by forcing them to remove their hijabs for photographs during their arrests. The preliminary class action settlement, filed in Manhattan federal court, covers individuals who were required to remove religious attire before being photographed.
The settlement, which requires approval by US District Judge Analisa Torres, will result in payouts totaling approximately $13.1 million after legal fees and costs. Eligible class members, numbering over 3,600, may submit claims, potentially increasing the total payout. Each recipient will receive between $7,824 and $13,125.
The lawsuit was initiated in 2018 by Jamilla Clark and Arwa Aziz, who stated that they felt shame and trauma when forced to remove their hijabs for mugshots during their arrests in Manhattan and Brooklyn, respectively. They had been arrested for violating orders of protection that they deemed unwarranted. The act of removing the hijabs was likened to being strip-searched by their lawyers.
The settlement marks a significant development, prompting reforms within the New York Police Department (NYPD). In 2020, as a response to the lawsuit, the NYPD agreed to allow individuals to wear head coverings during mugshots, provided that their faces remained visible. This policy extension encompassed other religious headwear such as wigs, yarmulkes worn by Jews, and turbans worn by Sikhs.
The agreement reflects a careful balance between respecting firmly held religious beliefs and addressing law enforcement's need to capture arrest photos, as stated by Nicholas Paolucci, a spokesman for New York City's law department.
