“When they forced me to take off my hijab, I felt as if I was naked. I don't know if words can describe how exposed and violated I felt,” Clark said. said in a statement Friday. “I am so proud to have helped bring justice to thousands of New Yorkers today.”
The lawsuit also alleges that the NYPD changed its policy in 2020 to no longer require religious head coverings, such as hijabs or yarmulkes, to be removed after an arrest, and only if the covering hides facial features. This also led to the exemption.
Some Muslim women choose to cover their hair in public and in front of men outside their family, in accordance with their religious beliefs.
Albert Fox Kahn, a lawyer for the two women, called Friday's settlement “a milestone for the privacy and religious rights of New Yorkers,” and said in the same statement that the ruling “resolves the NYPD's violation of New Yorkers.” “It sends a strong message that this is not possible.” “You can get your First Amendment rights without paying a price.”
Mr Clark was arrested on January 9, 2017, and Mr Aziz eight months later. According to the complaint, the two women were arrested for violating “fake” orders of protection filed by relatives or former relatives.
At the booking office, Clark was told that she would be subject to criminal prosecution if she refused to remove her hijab, and her supervisor “made numerous hostile comments about Muslims,” according to the complaint.
After Ms. Clark “reluctantly removed her hijab to have her photo taken,” her booking photo was shown to “approximately five male NYPD officers,” who “repeatedly contacted Ms. Clark.” “Even though she explained that such contact was against her religion,” the complaint added. .
When Aziz was arrested, the officers refused to leave her hijab on for a photo and requested that she “pull it back just a little to show her bangs and hairline.” He also refused, the complaint states.
Eventually, for about five minutes, she was “distraught” and cried as she was photographed in “full view” of about 12 male officers and more than 30 male inmates, the lawsuit adds.
The lawsuit also notes that booking photos are “permanently stored” and visible to anyone who accesses the NYPD's main database or views paper files.
After deducting legal fees and expenses, the $13.1 million will cover thousands of women and men who were forced to remove their religious headgear between March 16, 2014 and August 23, 2021. will be provided to the person.
The settlement must be approved by a judge.
Nick Paolucci, a spokesman for the New York City Department of Justice, said in an emailed statement early Saturday that the settlement “results in positive reforms for the NYPD.”
“This agreement carefully balances law enforcement's critical need to take arrest photographs with respect for police departments' strongly held religious beliefs. This resolution is important to all parties. It was in our best interest,” he added.
Other lawsuits have been filed over similar cases elsewhere in the country.
Last year, a 37-year-old woman in Rutherford County, Tennessee, filed a lawsuit against the sheriff and three other law enforcement officers, claiming she was told to remove her hijab or go to jail indefinitely.