New York City has agreed to pay USD 17.5 million to settle a class-action lawsuit filed by two Muslim women who were forced to remove their head coverings in 2017 to be photographed after they were arrested.
The case was filed months later in 2018, by Jamilla Clark and Arwa Aziz who said they felt shamed and exposed when they were forced to remove their hijabs after they were arrested. The lawsuit said police officers threatened to prosecute Clark, who was sobbing after being arrested for violating a bogus protective order filed by her abusive former husband if she did not remove her head covering.
‘I felt as if I were naked’
The lawsuit said Aziz, who also had been arrested because of a bogus protective order, felt broken when her picture was taken where a dozen male police officers and more than 30 male inmates could see her. “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, was quoted as saying by the Associated Press (AP), in a statement. “I’m so proud today to have played a part in getting justice for thousands of New Yorkers.”
Clark was arrested on Jan. 9, 2017, and Aziz was arrested on Aug. 30, 2017. New York officials initially defended the practice of forcing people to remove head coverings for mug shots, saying the policy balanced respect for religious customs with “the legitimate law enforcement need to take arrest photos.” Later, the police department changed the policy in 2020 as part of an initial settlement of the lawsuit and said it would allow arrested people to keep their head coverings on for mug shots with limited exceptions such as if the head covering obscures the person’s facial features.
Mug shots
The financial settlement was filed Friday and requires approval by Judge Analisa Torres of Manhattan federal court. In a statement, city law department spokesperson Nick Paolucci said that the settlement resulted in a positive reform for the police department and “was in the best interest of all parties.” Paolucci said the proceeds from the settlement will be shared by more than 4,000 people.
O Andrew F Wilson, a lawyer who is representing the women, said, “Forcing someone to remove their religious clothing is like a strip search. This substantial settlement recognises the profound harm to the dignity of those who wear religious head coverings that come from forced removal.” Wilson said that once the settlement is approved, the funds will be divided equally among everyone who responds by a deadline set by the judge, with a guaranteed minimum payment of $7,824 for each eligible person.
(With agency inputs)
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