New York City agreed to pay $17.5 million to settle a lawsuit filed by two Muslim women who claimed that their rights were violated when they were detained and forced to remove their headscarves for mug shots.
More than 3,600 people are eligible for reimbursement under the preliminary financial settlement
More than 3,600 people are eligible for reimbursement under the preliminary financial settlement, which was filed in Manhattan federal court on Friday. However, the agreement must still be approved by a district court judge.
Jamilla Clark and Arwa Aziz filed the complaint in 2018, after being jailed for allegedly violating fictitious protection orders. They were arrested in Manhattan and Brooklyn, in 2017, respectively.
The settlement states that each beneficiary will receive between $7,824 and $13,125 once legal fees are deducted. The compensation is likely to be around $13.1 million, but it might increase if enough of the more than 3,600 qualified class members file their claims.
According to Clark and Aziz’s attorney, Albert Fox Cahn, the settlement represents an important step forward for New Yorkers’ religious rights.
The lawsuit was filed after three Muslim women were forced to remove their headscarves for mug shots in 2018
Jamilla Clark and Arwa Aziz stated that they felt embarrassment and trauma after being compelled to remove the head coverings worn by Muslim women in accordance with Islamic tradition. Their lawyers even compared removing the hijabs to getting strip searched.
“When they forced me to take off my hijab, I felt as if I were naked,” Clark said in a statement provided by her lawyers. “I’m not sure if words can capture how exposed and violated I felt.”
She added that she feels proud since she played a significant role “in getting justice for thousands of New Yorkers.”
According to Cahn, the agreement makes it apparent that the NYPD cannot violate New Yorkers’ First Amendment rights without facing consequences.
In response to the complaint, the New York Police Department allowed both men and women to cover their heads for mugshots as long as their faces were visible.
“This settlement resulted in a positive reform for the NYPD,” said police spokesman Nicholas Paolucci. “The agreement carefully balances the department’s respect for firmly held religious beliefs with the important law enforcement need to take arrest photos.”
The lawsuit was filed after three Muslim women were forced to remove their headscarves for mug shots in 2018, and New York City was ordered to pay them $180,000.