Thousands Eligible for Payouts in NYC Hijab Mug Shot Lawsuit

If the New York City Police Department forced you to remove a religious head covering between 2014 and 2021, you could be in for a payout. The city has agreed to pay $17.5 million to settle a class-action lawsuit filed by two Muslim women who were forced to remove their hijabs for mug shots, making them feel "exposed and violated,' the New York Times reports. Lawyers estimate that more than 3,600 people who had to remove head coverings for mug shots will be eligible to file claims for payments of between $7,824 and $13,125. City law department spokesperson Nick Paolucci said that the settlement, which needs to be approved by a judge, was "in the best interest of all parties" and that the lawsuit had led to "a positive reform for the NYPD."

• The plaintiffs. In separate incidents in 2017, Jamilla Clark and Arwa Aziz were forced to remove head coverings after they were arrested by the NYPD for alleged violations of protection orders, the Times reports. The lawsuit states that Clark "wept and begged to put her hijab back on" at police headquarters. It states that Aziz sobbed as she was forced to remove her head covering in front of dozens of male police officers and inmates. Both women said they were arrested because of bogus protective orders filed by abusive family members.

• The lawsuit. The lawsuit, filed in 2018, states that the "unnecessary and discriminatory" policy of forcing arrestees to remove religious head coverings is "out of step with national norms, federal and state law, and the United States Constitution." It sought damages and a change to the policy.
• NYPD policy changes. In response to the lawsuit, the NYPD changed its policy in 2020 to allow people to keep head coverings on during mug shots, as long as their faces weren't obstructed. The change applied to hijabs and "yarmulkes, wigs, habits, turbans and kufis, among others," per USA Today. The new policy said that if an uncovered photo had to be taken, the "prisoner must be transported to the appropriate borough court section, where the photograph will be taken in a private area by a member of the service of the same gender."
• 'Like a strip search.' "Forcing someone to remove their religious clothing is like a strip search," attorney Andrew F. Wilson said in a statement, per the AP. "This substantial settlement recognizes the profound harm to the dignity of those who wear religious head coverings that comes from forced removal."

(More New York City Police Department stories.)