STOP, ECBAWM Force NYPD to End 'Hijab Removal' Policy

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For Immediate Release


STOP, ECBAWM Force NYPD To End ‘Hijab Removal’ Policy
The settlement ends a controversial NYPD policy that forced religiously observant New Yorkers to undress to provide the NYPD with photos for their facial recognition database.
 
([NEW YORK, NY, 11/9/2020] – Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy group, and Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWM), a leading civil rights law firm, announced the partial settlement their putative class action lawsuit against the NYPD for forcing suspects to remove the hijab and other religious attire for mugshots. The settlement, which was approved last Thursday, comes as the NYPD faces allegations it illegally retains mugshots as part of its facial recognition surveillance program.
 
SEE: N.Y. Times - Hijab Removal by New York Police Prompts Lawsuit
https://www.nytimes.com/2018/03/16/nyregion/hijab-police-lawsuit-new-york.html
 
Medium OneZero - The NYPD Is Using Sealed Mug Shots in Its Facial Recognition Program
https://onezero.medium.com/exclusive-the-nypd-is-using-sealed-mug-shots-in-its-facial-recognition-program-bd5678ad5632
 
“This is a milestone for New Yorkers’ privacy and religious rights,” said STOP Executive Director Albert Fox Cahn. “No one should be forced to undress just to be fed into a facial recognition database. New Yorkers are able to get a drivers’ license or passport while wearing the hijab, and there’s absolutely no reason for it to be removed by police. Now that the NYPD has agreed to end the policy, they still need to go a step further. That’s because this settlement doesn’t address the thousands of New Yorkers who were subjected to this unlawful policy. That’s why we’re still fighting in court to make sure the NYPD pays for the harm its already inflicted.”
 
 “The policy changes we have obtained are a blueprint for the nation’s police departments,” said O. Andrew F. Wilson, at partner at ECBAWM. “Law enforcement interests can be served without violating religious freedom.  This settlement protects both. In a time when President Trump is vilifying Muslim members of Congress, this is an important recognition of our country’s commitment to religious freedoms.” 
 
The settlement largely ends the discriminatory policy, only permitting the NYPD to remove the hijab in extreme cases where there’s evidence the hijab is worn as a disguise. S.T.O.P. and ECBAWM continue to litigate their demand that the NYPD pay damages to those forced to remove religious head coverings in the past.
 
SEE: Settlement
https://www.stopspying.org/s/1152020-Settlement-Agreement.pdf
 
NYPD Hijab Removal Oversight Page
https://www.stopspying.org/hijab
 
The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider hosted by the Urban Justice Center. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.
 
Emery Celli Brinckerhoff Abady Ward & Maazel LLP is a litigation boutique that focuses on civil rights, commercial, criminal, and ethics matters. The firm represents individuals, businesses, and institutions in all aspects of litigation and pre-litigation dispute resolution, from negotiation, mediation and arbitration, through hearings, trials, and appeals.
 
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Presscommunications staff