New York City has reached a pivotal agreement, agreeing to pay $17.5 million to settle a lawsuit brought forth by two Muslim-American women who alleged that their rights were infringed upon by law enforcement.
The lawsuit, filed in 2018 by Jamilla Clark and Arwa Aziz, highlighted the distressing experience of being forced to remove their hijabs for mugshots following arrests in Manhattan and Brooklyn, respectively.
The preliminary class action settlement, filed in Manhattan federal court, extends coverage to both men and women compelled to remove religious attire before being photographed.
Pending approval by U.S. District Judge Analisa Torres, the settlement is set to provide approximately $13.1 million in payouts after legal fees and costs, with each eligible class member expected to receive between $7,824 and $13,125.
Clark and Aziz’s ordeal, which they likened to feeling “naked” and “violated,” prompted significant legal action. Their lawyers emphasized the emotional trauma inflicted by the hijab removals, equating it to strip-searching.
New York City’s police department adjusted its policy in 2020, permitting individuals to retain head coverings during mugshots as long as their faces remain visible.
Nicholas Paolucci, a spokesperson for the city’s law department, hailed the settlement as a step towards positive reform within the NYPD, emphasizing the delicate balance between respecting religious beliefs and upholding law enforcement protocols.
The revised policy extends beyond hijabs to encompass other religious headwear, including wigs, yarmulkes, and turbans.
Albert Fox Cahn, the legal representative for Clark and Aziz, lauded the agreement as a testament to the city’s accountability, asserting that the NYPD cannot infringe upon First Amendment rights without consequences.
Eligibility for the settlement spans individuals compelled to remove head coverings between March 16, 2014, and August 23, 2021, underscoring the broad impact and significance of the resolution.
