Clark v. NYC

OPINION AND ORDER Does the United States Constitution permit the New York City Police Department (the “NYPD”) to require an observant Muslim woman to remove her hijab when sitting for an arrest photo? The Court holds that it does not. In this action, two Muslim women and a not-for-profit organization challenge the NYPD’s former policy of requiring arrested individuals to remove religious head coverings (the “Policy”).¹ Compl., ECF No. 1. Although Plaintiffs initially sought injunctive and declaratory relief, these claims have been settled. ECF No. 153. Plaintiffs’ claims for monetaiy damages remain extant. On September 30, 2020, the Court issued an order dismissing Plaintiffs’ demand for punitive damages and Arwa Aziz’s state law claims. ECF No. 144. The Court also denied the balance of the City’s motion, and now sets forth its reasoning in this Opinion and Order. Id. Plaintiffs, Jamilla Clark, Arwa Aziz, and Turning Point for Women and Families (“Turning Point”), bring this action against Defendant, the City of New York (the “City”), alleging claims under 42 U.S.C. §1983 and New York law arising from the NYPD policy requiring all arrested individuals to have their photographs taken without a head covering. See Compl. Specifically, Plaintiffs allege violations of their rights under (1) the Religious Land Use and Institutionalized Persons Act (the “RLUIPA”), 42 U.S.C. §2000cc et seq.; (2) the Free Exercise Clause of the First Amendment to the U.S. Constitution, U.S. Const. amend. I; and (3) the Free Exercise Clause of the New York State Constitution, N.Y. Const. art. 1, §3. Compl.

81-102. The City moves to dismiss the complaint for lack of standing and failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). ECF No. 20. For the reasons stated below, the City’s motion is GRANTED in part and DENIED in part. BACKGROUND The following facts are taken from the complaint, which the Court accepts as true for purposes of this motion. See Koch v. Christie’s Int’l PLC, 699 F.3d 141, 145 (2d Cir. 2012); J.S. ex rel. N.S. v. Attica Cent. Schs., 386 F.3d 107, 110 (2d Cir. 2004). Pursuant to the Policy, arrestees were required to remove their religious head coverings for an official photograph (the “Booking Photograph”). Compl.