New York City has agreed to pay $17.5 million in a class action lawsuit led by two Muslim women who say their religious rights were violated when police forced them to remove their hijabs for mugshots after they were arrested. The women, Jamilla Clark and Arwa Aziz, initially filed the suit in 2018 after they were arrested for violating orders of protection that they called bogus. They were both arrested in Manhattan and Brooklyn, respectively, the year prior. They said they felt shame and trauma after being forced to remove the head coverings which are worn by Muslim women in observance of the Islamic religion.
Each recipient will be paid between $7,824 and $13,125, totaling about $13.1 million after legal fees and costs are deducted. The settlement could increase if enough of the more than 3,600 eligible class members submit claims. Albert Fox Cahn, a lawyer for Clark and Aziz, said the settlement was a milestone for New Yorkers’ privacy and religious rights. He stated that the NYPD should never have stripped these religious New Yorkers of their head coverings and dignity. The agreement sends a powerful message that the NYPD can’t violate New Yorkers’ First Amendment rights without consequences.
In response to the lawsuit, New York’s police department agreed in 2020 to allow men and women to wear head coverings during mugshots, as long as their faces could be seen. This settlement resulted in positive reform for the NYPD, according to Nicholas Paolucci, a spokesman for the city’s law department. The agreement balances the department’s respect for firmly held religious beliefs with the law enforcement need to take arrest photos. This lawsuit follows a similar case in 2018 in which New York City was made to pay out $180,000 to three Muslim women who were also forced to remove their hijabs for mugshots.
The preliminary financial settlement of $17.5 million, which still needs to be approved by a district court judge, was filed in Manhattan federal court. More than 3,600 people are eligible for payouts under the deal. The two women leading the lawsuit, Jamilla Clark and Arwa Aziz, expressed feeling exposed and violated when forced to remove their hijabs. Clark said she felt as if she were naked when she was made to take off her hijab. Lawyers for the women likened the experience to being strip-searched, highlighting the emotional and psychological impact of the incident.
The lawsuit led by Clark and Aziz is an important win for New Yorkers’ privacy and religious rights. The $17.5 million settlement sends a strong message to the NYPD that they cannot violate individuals’ First Amendment rights without consequences. The agreement reached as part of the lawsuit allows for men and women to wear head coverings during mugshots, striking a balance between religious beliefs and law enforcement needs. Overall, this case is part of a broader effort to uphold the rights and dignity of all individuals, regardless of their religious beliefs.