New York police sued for forcibly removing Muslim woman's hijab
New York City’s Suffolk County Police Department (SCPD) has been sued for forcibly removing a Muslim woman's hijab and withholding it until her release, according to a lawsuit filed by civil rights bodies.
The Council on American-Islamic Relations (CAIR) and Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWMM) filed a lawsuit on Wednesday on behalf of Marowa Fahmy from East Setauket, alleging that she was wrongfully arrested by the police in 2022 based on a false tip.
“SCPD’s hijab-removal policy is inhumane, regressive, and clearly unlawful. Cair-NY asserts that the rights of Muslim Americans do not stop at the doors of the local police precinct," CAIR-NY legal fellow, Burhan Carroll, said.
"We will continue to fight on behalf of our community members who have been wronged by law enforcement. We hope this filing will result in justice for Fahmy and will protect others from future harm.”
Fahmy was arrested at the time based on a false domestic complaint filed by her 16-year-old son and was taken into custody at the SCPD in Coram, according to the lawsuit.
According to the complaint, Fahmy's hijab was reportedly taken off during her arrest and was subjected to inappropriate touching by the male officers, after she was forced to undress for a body search by the police department.
She continuously pointed out that she could not be seen without her hijab, but her religious beliefs were disregarded by the officers, as she was not provided with her hijab for a total of nine hours.
Nevertheless, according to the SCPD’s Policy 900.5.6, individuals are generally allowed to wear headscarves for religious reasons.
"Those who request to wear headscarves or simple head coverings for religious reasons should generally be accommodated absent unusual circumstances," the policy states.
Fahmy is now seeking compensation for a rights violation and the emotional suffering she had to go through.
“What happened here was wrong. Religious practice and police practice are not incompatible," ECBAWMM partner, Andrew Wilson, said.
"We are hopeful that this case can set a standard that requires Suffolk County to protect the religious freedom of New Yorkers who, like Ms Fahmy, choose to wear religious head coverings.”
Fahmy's First Amendment rights were violated by the incident, as it violated her protection against unreasonable interference with her religious freedoms.
SS
