The city of New York has agreed to pay $17.5 million in a class action lawsuit filed by two Muslim women who alleged that their religious rights were violated when they were forced to remove their hijabs for mugshots after being arrested. The settlement, which still needs approval from a district court judge, was filed in Manhattan federal court and over 3,600 individuals may be eligible for payouts. The two women, Jamilla Clark and Arwa Aziz, filed the suit in 2018 after being arrested in Manhattan and Brooklyn for violating protection orders they deemed to be illegitimate. They expressed feeling shame and trauma after being required to remove their head coverings, comparing the experience to being strip-searched.
The lawsuit brought attention to the issue of religious discrimination in law enforcement, specifically the violation of Muslim women’s rights to wear hijabs. The plaintiffs’ lawyers likened the forced removal of hijabs to a violation of privacy and dignity. Jamilla Clark stated that she felt exposed and violated when she was forced to remove her hijab. This case is significant in the fight for religious freedom and privacy rights. The plaintiffs hope that the lawsuit will bring justice to thousands of New Yorkers who have faced similar infringements on their religious beliefs.
The financial settlement includes a total payout of about $13.1 million after legal fees and costs are deducted. Each eligible class member could receive between $7,824 and $13,125. The lawyers representing the plaintiffs view the settlement as a milestone in protecting the privacy and religious rights of New Yorkers. They believe that the NYPD should never have stripped individuals of their head coverings and dignity, emphasizing the importance of respecting religious beliefs. The agreement sends a message that law enforcement cannot violate individuals’ First Amendment rights without consequences.
As a response to the lawsuit, the New York Police Department agreed in 2020 to allow individuals to wear head coverings during mugshots as long as their faces are visible. This reform was seen as a positive step towards balancing the department’s respect for religious beliefs with the necessity of taking arrest photos. The agreement reached in the settlement is considered a victory for those advocating for religious freedom. It is hoped that the resolution of this case will set a precedent for the protection of individuals’ rights to religious expression in law enforcement interactions.
This lawsuit is not an isolated incident, as a similar case in 2018 resulted in New York City paying out $180,000 to three Muslim women who were also forced to remove their hijabs for mugshots. The recurrence of such violations highlights the ongoing struggle for religious accommodation in legal procedures. The settlement agreement reached in this class action lawsuit is seen as a positive step towards addressing the issue of religious discrimination in law enforcement and protecting individuals’ rights to practice their faith without fear of infringement.
