In a landmark decision reached on Friday, New York City consented to pay $17.5 million to conclude a class-action lawsuit spearheaded by two Muslim women, Jamilla Clark and Arwa Aziz. The women claimed they were coerced into removing their hijabs for mugshot photographs following their arrest; a forced action that left them feeling egregiously violated and exposed.
The two heroines of this lawsuit, Clark and Aziz, started the legal ball rolling back in 2018. They recounted harrowing experiences, describing the emotional trauma they underwent when they were forced to strip away their hijabs – an integral part of their religious identity – in full view of strangers.
In the chilling words of Clark, “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.” She was taken into custody on January 9, 2017, while Aziz found herself under arrest a few months later on August 30.
The crux of their lawsuits pinpoints how Clark, still in tears after her arrest for allegedly breaking a contrived protective order filed by her abusive ex-husband, was further threatened with lawful action if she refused to bare her head. In a similar vein, the photo of a hijab-less Aziz was taken under the leering eyes of numerous male police personnel and male prisoners – a distressing experience that left the woman shattered.
At first, city officials attempted to rationalize this systematic religious violation claiming it straddled the thin line between maintaining respect for religious norms while managing “the legitimate law enforcement need to take arrest photos.” However, the uproar surrounding this lawsuit led to a breakthrough change in 2020 when the police department conceded to allow arrestees to keep their head coverings on for mugshots; the only excuse now – if the covering hides the person’s face.
The financial settlement reached now awaits authentication by Judge Analisa Torres in Manhattan’s federal court. This payout is seen as a significant milestone in reforming the police department, as affirmed by Nick Paolucci, the city law department spokesperson; a belief echoed by O. Andrew F. Wilson, the lawyer representing the women from Emery Celli Brinckerhoff Abady Ward & Maazel LLP, and the Surveillance Technology Oversight Project. According to Wilson, “Forcing someone to remove their religious clothing is like a strip search. This substantial settlement recognizes the profound harm to the dignity of those who wear religious head coverings that comes from forced removal.”
Paolucci confirmed that, pending the judge’s approval, the funds would be dispersed among approximately 4,100 class members who qualify for the payout. Wilson further explained that each claimant who responds by the specified deadline stands to gain an assured payment of $7,824, signifying a rewarding end to what has been a tumultuous journey for religious freedom and individual rights.
