Wearing a hijab in public spaces in New York City does not raise any eyebrows. Whether in college classrooms or elsewhere, there will most likely be several women, even in a small group, and they attract no attention.
We have become accustomed to this benign invisibility and give it little thought. But the subject has suddenly become newsworthy as we learn that New York City has agreed to pay $17.5 million to settle a lawsuit by two Muslim-American women who said the police violated their rights after arresting them by forcing them to remove their hijabs before being photographed.
In other cities where authorities have tried to regulate—or prevent—wearing religious headwear in public it has led to incendiary situations. In Paris, for example, in recent years there have been multiple proposals and legislative efforts to restrict the wearing of the hijab in public spaces which have sparked widespread bitter discussions and protests. The controversy centers around issues of secularism, religious freedom, and personal liberty. Some argue that such bans are necessary to uphold France’s secular values, while others view them as discriminatory and infringing on individual rights.
Most people in New York on the other hand, did not know that the NYPD was forcing Muslim women to remove their hijab to take a mugshot–until the practice turned into a larger issue, and it became a class action lawsuit. Apparently, the NYPD was not aware of the weight that the practice carries for Muslim women. It’s a custom that while not actually prescribed by the Qur’an, is believed to be fundamental to a woman’s modesty.
The preliminary settlement announced covers men and women required to remove religious attire before being photographed. It was filed on Friday in Manhattan federal court, and requires approval by U.S. District Judge Analisa Torres.
Payouts will total about $13.1 million after legal fees and costs are deducted and could increase if enough of the more than 3,600 eligible class members submit claims. Each recipient will be paid between $7,824 and $13,125.
The settlement resolves a lawsuit filed in 2018 by Jamilla Clark and Arwa Aziz, who said they felt shame and trauma when police forced them to remove their hijabs for their mugshots the prior year in Manhattan and Brooklyn, respectively.
Both had been arrested for violating orders of protection that they disputed. Their lawyers emphasized the gravity of being stripped of their headwear. They likened it to being strip-searched, but it is probably even more serious, since it also carries religious significance.
“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.”
In response to the lawsuit, New York’s police department agreed in 2020 to let men and women wear head coverings during mugshots, so long as their faces could be seen.
“This settlement resulted in a positive reform for the NYPD,” said Nicholas Paolucci, a spokesman for the city’s law department. “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 brought a new awareness and sensitivity to the NYPD practices. The new policy extends to other religious headwear, including wigs and yarmulkes worn by Jews and turbans worn by Sikhs.
Police can temporarily remove head coverings to search for weapons or contraband, but in private settings by officers of the same gender.
Albert Fox Cahn, a lawyer for Clark and Aziz, said the accord “sends a powerful message that the NYPD can’t violate New Yorkers’ First Amendment rights without paying a price.”
People forced to remove head coverings between March 16, 2014 and Aug. 23, 2021 are eligible for the settlement.
