The city of New York has reached a settlement of $17.5 million in response to a legal action initiated by two Muslim women who were compelled to remove their head coverings to be photographed after their arrest.
In 2018, Jamilla Clark and Arwa Aziz, two Muslim women, initiated a class-action lawsuit alleging that they experienced shame and exposure when they were compelled to remove their hijabs following their detention.
Upon being compelled to remove my hijab, I experienced a sensation akin to being devoid of clothing. “I am uncertain if words can adequately express the extent of my vulnerability and transgression,” Clark expressed in a statement. “Today, I take great pride in contributing to the attainment of justice for numerous residents of New York.”
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On January 9, 2017, Clark was apprehended, while Aziz was apprehended on August 30, 2017.
The lawsuit alleged that police officers issued a threat to legally pursue Clark, who was in a state of distress following her arrest for breaching a fraudulent protective order issued by her violent ex-husband until she removed her head covering.
The claim alleged that Aziz, who had also been apprehended due to a fraudulent protective order, had emotional distress upon the capture of her photograph, which was visible to a dozen male law enforcement officials and over 30 male prisoners.
The city officials first justified the implementation of mandatory head covering removal for mug shots, asserting that the ordinance struck a balance between upholding religious practices and addressing the legitimate law enforcement requirement to capture arrest photographs.
The policy was modified by the police department in 2020 as a component of an early settlement of the case. It said that individuals who were arrested would be permitted to retain their head coverings during mug pictures, subject to certain restrictions, such as instances where the head covering obstructs the individual’s facial characteristics.
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Judge Analisa Torres of Manhattan federal court must approve the cash settlement, which was submitted on Friday.
In a statement, City Law Department spokesperson Nick Paolucci stated that the settlement led to a beneficial restructuring of the police department and was advantageous for all involved parties.
Wilson stated that upon approval of the settlement, the cash will be distributed evenly among all those who respond within a specified date established by the judge. Each qualified person will get a minimum payment of $7,824.