The city of New York has agreed to pay $17.5 million to settle a lawsuit filed by two Muslim women, Jamilla Clark and Arwa Aziz, who were forced to remove their head coverings to be photographed after they were arrested. The women felt shamed and exposed when they were made to take off their hijabs, with Clark stating that she felt as if she were naked. The lawsuit was initially filed in 2018, with Clark being arrested on Jan. 9, 2017, and Aziz on Aug. 30, 2017. The lawsuit alleged that police officers threatened to prosecute Clark if she did not remove her head covering, leading to a feeling of violation and exposure.
Both women were arrested due to what the lawsuit described as bogus protective orders. Aziz, in particular, felt broken when her picture was taken in front of male police officers and inmates without her head covering. Initially, city officials defended the practice of forcing people to remove head coverings for mug shots, citing a balance between respect for religious customs and law enforcement needs. However, the police department changed this policy in 2020 as part of an initial settlement of the lawsuit, allowing arrested individuals to keep their head coverings on for mug shots with limited exceptions.
The financial settlement, filed on Friday, needs approval from Judge Analisa Torres of Manhattan federal court. City law department spokesperson Nick Paolucci stated that the settlement resulted in positive reform for the police department and was in the best interest of all parties involved. O. Andrew F. Wilson, a lawyer representing the women along with the Surveillance Technology Oversight Project, likened forcing someone to remove their religious clothing to a strip search. He emphasized the profound harm to the dignity of those who wear religious head coverings when they are forcibly removed.
The settlement will be shared among approximately 4,100 eligible class members, with each person receiving an equal share of the funds once they respond by a deadline set by the judge. The guaranteed minimum payment for each eligible individual is $7,824. Wilson emphasized that the settlement recognizes the harm caused by forcing individuals to remove their religious head coverings and seeks to provide justice and compensation for those affected by this practice. The lawsuit and subsequent settlement highlight the importance of respecting religious customs and protecting the dignity of all individuals, regardless of their beliefs.
