NYC to Pay $17.5M in Hijab Lawsuit Settlement in Groundbreaking Agreement  

NYC to Pay $17.5M in Hijab Lawsuit Settlement in Groundbreaking Agreement   

Edited by:  Fern Sidman

New York City has reached a groundbreaking settlement agreement, agreeing to pay $17.5 million to resolve a lawsuit filed by two Muslim women who alleged their rights were violated when they were compelled to remove their hijabs for police arrest photographs, as was reported in The New York Times. The settlement, filed on Friday, awaits approval by Judge Analisa Torres of the U.S. District Court for the Southern District of New York and marks a significant milestone in the ongoing battle to protect religious freedoms. The settlement, which accounts for administrative costs and legal fees, will be distributed among thousands of claimants expected to come forward.

The class-action lawsuit, initiated in 2018 by plaintiffs Jamilla Clark and Arwa Aziz, highlighted what they perceive to be an infringement on the rights and dignity of individuals practicing Islam. Clark and Aziz recounted feeling shamed and exposed by the actions of law enforcement officers, who mandated the removal of their hijabs during the arrest process, according to the NYT report. Clark expressed the profound sense of violation she experienced, likening the ordeal to being stripped bare and emphasizing the importance of achieving justice not only for herself but for countless New Yorkers facing similar perceived indignities.

Clark, who was arrested on a violation of an order of protection in Manhattan in 2017, recounted tearfully pleading to retain her hijab while standing at Police Headquarters. Similarly, Ms. Aziz, arrested on a similar charge eight months later in Brooklyn, described sobbing as she was subjected to the humiliation of removing her headscarf in the presence of numerous male officers and inmates, the NYT report said.

The lawsuit’s impact extends beyond the compensation awarded to the plaintiffs. In response to mounting pressure and public outcry, the New York Police Department (NYPD) revised its policy in 2020, permitting individuals of religious faith to retain their head coverings during arrest photography, provided that the coverings do not obscure their faces, as per the information provided in the NYT report.

Nicholas Paolucci, spokesperson for the city’s Law Department, hailed the lawsuit as a catalyst for positive reform within the NYPD, asserting that the agreement strikes a delicate balance between respecting deeply held religious beliefs and addressing law enforcement imperatives, the NYT report indicated. Paolucci emphasized that the resolution reflects the collective interests of all involved parties and heralds a new chapter in ensuring equitable treatment and respect for diversity within the criminal justice system.

The nature of these incidents prompted swift legal action, with Andrew F. Wilson, a lawyer representing the women, equating the forced removal of religious attire to a degrading strip search. The NYT report mentioned that Wilson’s firm, Emery Celli Brinckerhoff Abady Ward & Maazel LLP, has been instrumental in advocating for the rights and dignity of the plaintiffs throughout the legal proceedings.

Albert Fox Cahn, executive director of the Surveillance Technology Oversight Project and legal counsel for the plaintiffs, hailed the settlement as a milestone victory for New Yorkers’ privacy and religious rights, according to the NYT. Cahn condemned the actions of the NYPD, asserting that the unwarranted removal of religious garments constituted a violation of individuals’ fundamental freedoms and dignity.

Prior to the settlement, the NYPD had implemented interim measures allowing individuals to retain their religious head coverings during arrest photographs, either at precincts or in private areas at One Police Plaza, the report added. However, incidents of hijab removal persisted, prompting legal action and subsequent policy adjustments.

In 2018, the city reached a settlement totaling $60,000 with each of three Muslim women who had similarly experienced violations of their religious rights, as was detailed in the NYT report.

In response to the lawsuit, the NYPD committed to revising its patrol guide and providing training to officers to ensure that individuals arrested could maintain their headwear whenever possible, while still prioritizing personal safety considerations, as was noted in the information contained in the NYT report. Exceptions to the policy exist for cases where distinguishing features may be concealed by a head covering.

Under the updated patrol guide, if an uncovered photograph must be taken, individuals will be transported to the appropriate borough court section where the image will be captured in a private area by an officer of the same gender, the NYT report said.

The policy changes regarding religious head coverings mark one of several adjustments made by the NYPD in recent years to accommodate religious diversity within its ranks and interactions with the public, as was explained in the NYT report. In 2016, the department announced allowances for officers wearing beards or turbans for religious reasons, reflecting a commitment to inclusivity and respect for religious practices.

Lawyers representing Clark and Aziz estimate that approximately 3,600 individuals may qualify for compensation ranging from $7,000 to $13,000 under the terms of the settlement.  The report in the NYT also noted that eligibility extends to those who were compelled to remove their religious head coverings between March 16, 2014, and August 23, 2021, highlighting the breadth of the policy’s impact and the significance of rectifying past injustices.