The Suffolk County Police Department (SCPD) in New York is facing a lawsuit for allegedly forcibly removing a Muslim woman's hijab and withholding it until her release. The lawsuit, filed by the Council on American-Islamic Relations (CAIR) and Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWMM), represents Marowa Fahmy from East Setauket. Fahmy claims she was wrongfully arrested in 2022 based on a false tip.
The lawsuit argues that SCPD's hijab-removal policy is inhumane, regressive, and unlawful. CAIR-NY legal fellow, Burhan Carroll, emphasized that the rights of Muslim Americans extend beyond the doors of the local police precinct. The complaint details Fahmy's arrest, during which her hijab was allegedly removed, and she was subjected to inappropriate touching during a body search. Despite SCPD's own policy allowing religious head coverings, Fahmy was denied her hijab for nine hours.
Fahmy, who had her First Amendment rights violated, is seeking compensation for the infringement on her religious freedoms and emotional suffering. ECBAWMM partner, Andrew Wilson, expressed hope that the case would set a standard requiring Suffolk County to protect the religious freedom of individuals choosing to wear religious head coverings. The lawsuit aims to bring justice for Fahmy and prevent similar incidents in the future.