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World Hijab Day: Women wear headscarves with the American flag at an event at New York City Hall on February 1, 2017
Photo: Spencer Platt / Getty Images
The city of New York intends to pay 17.5 million dollars (around 16.1 million euros) to settle a class action lawsuit brought by two Muslim women: They had to remove their headscarves for so-called mugshots.
They felt humiliated and exposed when officers forced them to remove their hijabs to take police photos after their arrests in 2017, according to Jamilla Clark and Arwa Aziz's 2018 lawsuit.
Agreement in the “best interests of all parties”
The settlement payment that has now been agreed upon was applied for on Friday and still has to be approved by the federal court in Manhattan. The agreement was “in the best interests of all parties,” said a spokesman for the city’s justice department. The proceeds from the settlement should therefore be divided among around 4,100 eligible members of the group. Once the settlement is approved by the court, the money will be divided equally among those who come forward by a set deadline, said Andrew Wilson, who represents the two women. Each eligible person can expect to receive at least $7,824. According to the indictment, those eligible are men and women who were forced by the New York police to remove religious head coverings to take mugshots.
Clark was arrested in January 2017 for violating a no-contact order obtained under false allegations. Police officers threatened the woman with prosecution if she did not remove her headgear, the lawsuit said. "When they forced me to take off my hijab, I felt like I was naked," Clark explained. And further: "I am so proud that I helped bring justice to thousands of New Yorkers today."
Aziz was also arrested in August 2017 on a no-contact order based on false allegations. She said in the lawsuit that she felt broken inside when her mugshot was taken in front of dozens of male officers and more than 30 inmates.
Attorney Wilson said, “Forcing someone to remove their religious clothing is like a strip search. This significant settlement recognizes that the dignity of those wearing religious head coverings is deeply violated by forced removal.”
Police changed mugshot procedures
Officials initially defended the practice, saying officers had to balance respect for religious customs with the "legitimate police need" to take police photos.
However, in 2020, the police changed their line as part of a previous agreement. Arrested people are now allowed to keep their headgear on for so-called mugshots - with the exception of headgear that covers a person's face.
svs/AP