In order to settle a lawsuit initiated by two Muslim-American women who alleged that their rights were violated when the police arrested them and required them to remove their hijabs for photography purposes, New York City has agreed to pay a sum of $17.5 million.
The initial class action settlement entails that individuals of both genders are obliged to remove their religious garments before undergoing the process of being photographed. This settlement was officially presented to the federal court located in Manhattan on Friday and now awaits the esteemed approval of US District Judge Analisa Torres.
Upon deduction of legal expenses and costs, the payouts will amount to an approximate sum of $13.1 million. However, it is possible for the total amount to increase if a sufficient number of the over 3,600 qualified class members submit their claims. It is noteworthy that each beneficiary will receive a payment ranging from $7,824 to $13,125.
The settlement ends the case that Jamilla Clark and Arwa Aziz filed in 2018. They claimed that being compelled to take off their hijabs for their mugshots the year before in Manhattan and Brooklyn, respectively, caused them to feel traumatized and ashamed.
Due to their alleged fraudulent protection orders, both had been arrested.
According to statements provided by their attorneys, the act of removing the hijabs was likened to a strip search. Ms. Clark expressed her feelings of vulnerability, stating that she felt as though she were naked when asked to remove her hijab. She further conveyed that words could not adequately convey the sense of violation and exposure she experienced.
2020 saw the New York Police Department grant permission for both sexes to cover their heads in mug pictures as long as their faces were visible, in response to the lawsuit.
According to spokesman Nicholas Paolucci, the New York Police Department experienced a positive reform following the settlement. He stated that the agreement effectively balances the need for law enforcement to capture arrest photos with the department's acknowledgment and respect for deeply held religious beliefs.
The new rule additionally encompasses other forms of religious headwear, which include Sikh turbans, Jewish yarmulkes, and wigs.
When searching for weapons or contraband, police officers of the same gender may momentarily remove their head coverings.
According to Albert Fox Cahn, the legal representatives of Ms. Clark and Ms. Aziz, the agreement conveys a strong message that the New York City Police Department is not permitted to infringe upon the First Amendment rights of New Yorkers without facing consequences.
The settlement is accessible to all individuals who were compelled to remove their head coverings during the period from March 16, 2014, to August 23, 2021.