NYC Police Department to Pay $17.5 Million in Hijab Removal Case
NEW YORK — In a landmark class action case, New York’s police department has agreed to pay $17.5 million (£14 million) following a lawsuit led by two Muslim women who were forced to remove their hijabs while having mugshots taken.
The case, filed in 2018 by Jamilla Clark and Arwa Aziz, alleged violations of religious freedom and privacy. Lawyers estimate that more than 3,600 individuals are eligible for compensation under the settlement.
Four years ago, the police department changed its policy to allow individuals to wear hijabs in booking photos. The city acknowledged that the case prompted positive reform within the department.
However, the compensation deal is still pending approval from the federal judge overseeing the case. Court records reveal that Clark pleaded to keep her hijab on while her photo was being taken, expressing feelings of exposure and violation.
“When they forced me to take off my hijab, I felt as if I were naked. I’m not sure if words can capture how exposed and violated I felt,” Clark stated. “I’m so proud today to have played a part in getting justice for thousands of New Yorkers. This settlement proves I was right all those years ago when I said it was wrong to remove my hijab for a mugshot.”
Legal representatives for the women argued that the police policy mandating the removal of head coverings infringed on their privacy rights and religious liberties. The city’s law department defended the agreement, stating that it strikes a balance between respecting religious beliefs and the necessity of taking arrest photos.
The settlement funds are expected to be distributed among thousands of plaintiffs who were arrested between March 2014 to August 2021, with individual payments ranging from $7,000 to $13,000. The Council on American-Islamic Relations (CAIR), a prominent Muslim advocacy group, commended the women for their persistence in seeking justice and emphasized the broader impact of the policy change on individuals of all faiths who wear religious head coverings.
“We send our appreciation to the Muslim women who bravely persisted with this litigation, prompting policy change that benefit many with similar religious garb requirement,” said CAIR’s New York Executive Director Afaf Nasher. — BBC