US: Two Women Forced To Remove Hijab Given $17.5 Million In Settlement

New York City has reached a groundbreaking settlement, agreeing to pay $17.5 million to resolve a lawsuit brought forth by two Muslim women who alleged that the New York Police Department (NYPD) violated their rights by compelling them to remove their hijabs during the process of being photographed upon arrest. The settlement, which is a preliminary class action settlement, extends its coverage to both men and women who were required to remove religious attire before being photographed. Filed in Manhattan federal court on Friday, it awaits approval by US District Judge Analisa Torres.

Following the deduction of legal fees and costs, the payouts are estimated to total approximately $13.1 million. However, this amount could potentially increase should a significant number of the more than 3,600 eligible class members submit claims. Each recipient stands to receive compensation ranging between $7,824 and $13,125.

The Plaintiffs' Claims

The lawsuit, initially filed in 2018 by Jamilla Clark and Arwa Aziz, detailed their distressing experiences following arrests made in Manhattan and Brooklyn, respectively. Both women asserted feeling profound shame and trauma when coerced by law enforcement to remove their hijabs for mugshots. Their arrests stemmed from alleged violations of orders of protection that they deemed unwarranted.

Jamilla Clark conveyed the profound sense of violation she experienced, stating, “When they forced me to take off my hijab, I felt as if I were naked.” The sentiment was echoed by Arwa Aziz, whose attorneys likened the act of removing the hijab to a form of strip search.

NYPD's Response and Policy Reforms

Responding to the lawsuit, the NYPD implemented reforms aimed at respecting religious freedoms while upholding law enforcement protocols. In 2020, the department agreed to permit individuals, irrespective of gender, to retain head coverings during mugshots, provided their facial features remained visible.

Nicholas Paolucci, a spokesperson for New York City’s law department, lauded the settlement, asserting that it embodies a delicate equilibrium between honouring deeply held religious beliefs and fulfilling law enforcement imperatives. The revised policy not only encompassed hijabs but also extended to other religious headwear, such as wigs worn by Jewish individuals and turbans worn by Sikhs.

Upholding First Amendment Rights

Albert Fox Cahn, legal counsel for Clark and Aziz, highlights the significance of the settlement, emphasizing its broader implications for safeguarding constitutional rights. Cahn remarked that the agreement serves as a resolute affirmation that the NYPD cannot infringe upon New Yorkers' First Amendment rights with impunity.