5 April 2024
New York City has reached a $17.5 million settlement in a class-action lawsuit filed by two Muslim women who were compelled to remove their headscarves for mug shots after being arrested, an AP report said on Friday. The agreement follows a legal battle initiated in 2018 by Jamilla Clark and Arwa Aziz, who expressed feeling deeply humiliated and exposed by the experience.
Jamilla Clark, one of the plaintiffs, shared her sentiments, stating, “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 arrested on January 9, 2017, while Arwa Aziz was arrested on August 30, 2017.
According to the lawsuit, the women were pressured by police officers to remove their head coverings under the threat of prosecution. Clark, who was arrested for allegedly violating a false protective order filed by her abusive former husband, was reportedly in tears during the ordeal. Similarly, Aziz, arrested under similar circumstances, felt emotionally shattered as her photo was taken in the presence of numerous male officers and inmates.
Initially, city officials defended the practice, citing the balance between respecting religious customs and law enforcement needs. However, in 2020, the New York Police Department revised its policy as part of an initial settlement, allowing arrested individuals to retain their head coverings for mug shots with limited exceptions.
Commenting on the settlement, City Law Department spokesperson Nick Paolucci stated that it resulted in positive reforms for the police department and was deemed beneficial for all parties involved. Lawyer O. Andrew F. Wilson, representing the women alongside the Surveillance Technology Oversight Project, likened the forced removal of religious clothing to a strip search, emphasizing the profound harm to dignity.
The settlement, filed on Friday, awaits approval by Judge Analisa Torres of Manhattan federal court. Once approved, approximately 4,100 eligible class members will share the proceeds, with each respondent guaranteed a minimum payment of $7,824.
