New York woman forced to remove headscarf for photo shoot pays $17.5 million

New York City has agreed to pay $17.5 million to settle a lawsuit brought by two American Muslim women who said police violated their rights after arresting them and forcing them to remove their headscarves before being photographed.

The preliminary class-action settlement covers both men and women and requires them to remove religious clothing before being photographed. The lawsuit was filed in Manhattan federal court on Friday (local time) and requires approval from U.S. District Judge Analisa Torres.

The total award, after legal fees and costs, is approximately $13.1 million and could increase if enough of the more than 3,600 eligible class members submit claims. Each recipient will receive compensation ranging from $7,824 to $13,125.

The settlement resolves a 2018 lawsuit filed by Jamilla Clark and Arwa Aziz, who said police forced them to remove their headscarves for photos last year in Manhattan and Brooklyn. Feeling ashamed and traumatized.

Both men were arrested for violating what they called a sham protection order. Their lawyers compared removing the hoods to a strip search.

“When they forced me to remove my hijab, I felt as if I was naked,” Clark said in a statement provided by her attorney. “I’m not sure words can express the exposure and violation I felt.”

In response to the lawsuit, the NYPD agreed in 2020 to allow men and women to wear headscarves during photo shoots as long as their faces can be seen.

“This settlement brings positive reforms to the NYPD,” said Nicholas Paolucci, spokesman for the New York City Law Department. “The agreement carefully balances the department’s respect for deeply held religious beliefs.” Important law enforcement needs related to taking arrest photos.”

The new policy extends to other religious headgear, including wigs and yarmulkes worn by Jews and turbans worn by Sikhs.