New York City has agreed to pay $17.5 million in a settlement of a class-action lawsuit instigated by two Muslim women against the New York Police Department’s (NYPD) policy mandating the removal of head coverings for arrest photos. While the city did not concede any wrongdoing, the settlement brings about a repeal of the contentious NYPD policy. Individuals negatively affected by this rule will consequently receive financial compensation.
The money to be awarded is dependent on the number of qualifying applicants. The plaintiffs have highlighted that individuals might receive an amount ranging between $7,824 and $13,125 for each instance of head cover removal.
The litigation was initiated in March 2018 in representation of thousands of New Yorkers who were compelled to remove their religious head coverings for arrest photos. The plaintiffs alleged a violation of 42 U.S.C. § 2000cc-1 of the Religious Land Use and Institutionalized Persons Act. They cited irreverence towards their religious obligations as the reason behind this claim. In addition, they raised allegations over the infringement of their right to religious freedom, as set out by the First Amendment of the US Constitution and Article I, Section 3 of the New York State Constitution.
Albert Fox Cahn, one of the lawyers representing the plaintiffs, applauded the settlement, while Nick Paolucci, the New York Law Department spokesman, also expressed approval, stating the settlement respects religious beliefs while balancing law enforcement’s need for arrest photos.
Notwithstanding, Judge Analisa Torres of the US District Court for the Southern District of New York must first approve the agreement, as stipulated by Rule 23(e)(2) of the Federal Rules of Civil Procedure.
The settlement surfaces amid increasing anti-Muslim bias in the US. The Council on American-Islamic Relations (CAIR) reported a record high in complaints of anti-Muslim incidences in the US for 2023.
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