New York City has reached a preliminary financial settlement of $17.5 million in a class action lawsuit brought by two Muslim women who alleged that their religious rights were violated when police required them to remove their hijabs for mugshots following their arrests. The settlement, which is subject to approval by a district court judge, was filed in Manhattan federal court and is set to benefit over 3,600 individuals.
The lawsuit was initiated by Jamilla Clark and Arwa Aziz in 2018 after they were arrested in Manhattan and Brooklyn, respectively, for what they claimed were unjustified reasons. The women expressed feelings of shame and trauma due to being compelled to remove their hijabs, which hold religious significance in the Islamic faith. Their legal representatives equated the act to a form of strip-searching, with Clark stating that she felt exposed and violated during the process.
Following the settlement, payouts are estimated to total around $13.1 million after accounting for legal fees and expenses. Each eligible class member stands to receive between $7,824 and $13,125, with the potential for increased payouts if a significant number of claims are submitted.
A lawyer representing Clark and Aziz hailed the settlement as a significant victory for privacy and religious rights in New York City. The agreement underscores the importance of respecting individuals' First Amendment rights while balancing law enforcement needs, as highlighted by the NYPD's subsequent policy change in 2020 allowing individuals to retain head coverings during mugshots as long as their faces remain visible.
The city's law department spokesperson emphasized that the settlement reflects a positive reform for the NYPD and serves as a reminder that violations of religious freedoms come with consequences. This case follows a similar 2018 incident where New York City paid $180,000 to three Muslim women who were also subjected to hijab removal for mugshots.
