The city of New York has agreed to pay $17.5 million in a class action lawsuit led by two Muslim women, Jamilla Clark and Arwa Aziz, who claimed their religious rights were violated when police forced them to remove their hijabs for mugshots after they were arrested. The preliminary financial settlement, which still requires approval from a district court judge, was filed in Manhattan federal court on Friday, making more than 3,600 individuals eligible for payouts under the deal. Clark and Aziz initially filed the suit in 2018 after being arrested for violating orders of protection they deemed to be false. They both experienced shame and trauma after being made to remove their hijabs, likening it to being strip-searched.
The two women expressed their feelings of exposure and violation after having their hijabs forcibly removed, with Clark stating she felt as if she were naked. The lawyers for Clark and Aziz said the hijab removal was equivalent to being strip-searched, leading to immense discomfort and distress. The settlement, totaling $17.5 million, will result in payouts of about $13.1 million after deducting legal fees and costs. Payout amounts for each recipient are estimated to range from $7,824 to $13,125, with the potential for an increase if enough of the eligible class members submit claims to receive compensation.
Albert Fox Cahn, the attorney representing Clark and Aziz, hailed the settlement as a significant victory for the privacy and religious rights of New Yorkers. He emphasized that the NYPD should never have stripped these individuals of their head coverings and dignity, stating that the accord sends a strong message that the NYPD cannot violate New Yorkers’ First Amendment rights without facing consequences. In response to the lawsuit, the New York Police Department agreed in 2020 to allow men and women to wear head coverings during mugshots while ensuring their faces remain visible. This balance between religious beliefs and law enforcement requirements was seen as a positive reform for the NYPD.
The settlement in this case follows a similar 2018 incident where the city of New York was required to pay $180,000 to three Muslim women who were also forced to remove their hijabs for mugshots. The agreement reached in the current lawsuit is seen as a positive step towards protecting individuals’ religious rights and ensuring the respect of diverse beliefs within law enforcement practices. The case highlights the importance of upholding constitutional rights, such as the freedom of religion, and the need to balance them with law enforcement procedures. By providing financial compensation to those affected, the settlement serves as a reminder that violations of individuals’ rights will not go unnoticed or unpunished.
