Is There a Compelling State Interest in Police Officers Creating Havoc?

On August 14th, 2024 in Manhattan, New York, a peaceful protest was held advocating for the United States government to call for a ceasefire in Gaza. The Anti-war protest occurred directly outside the “New York City Kick off” fundraiser event. The New York City police officers followed the harmonious walk toward West 146th Street. At the concluding point of the protest, the crowd became extremely large and was completely enclosed by the NYPD officers along with a special team of strategic response officers on bicycles. To maintain crowd control law enforcement began kettling the crowd (containing them all in one place without the ability to move). The officers yelled “Move back”, while forcefully pushing protesters closer to one other. Amongst the protesters were two women Zarmeen Azam and Shajnin Howlader, separate but similar experiences during the chaos.

Shajnin Howlader was on the edge of the crowd at this time. She was consistently pushed back by one of the officers, Assistant Chief Stephenson, although there was nowhere to physically go. She spoke out telling the officers she could no longer move, yet they continued to stride further. Sergeant Spalding grabbed the end of Howlader’s hijab, ripping it halfway off her head and leaving it constricting around her neck. The tighter he pulled the more Howlader lost her ability to breathe. She pleaded for help making the officers aware of her choking, while another officer pepper sprayed her. Close by in the crowd, Assistant Chief Stephenson sought out Zarmeen Azam. He pushed through other members walking toward Azam claiming she had placed hands on him. He specifically targeted her as she was the only protester in that vicinity wearing a hijab. He grabbed her by her headscarf, threw her to the ground, and began hitting any bystander who attempted to help with his baton. This cut off her ability to breathe, eventually ripped her hijab completely off her head, and pulled up her shirt. Another officer took a picture of Zarmeen Azam without her hijab on. Both Zarmeen Azam and Shajnin Howlader were taken advantage of and failed by the justice system. 

It is blatantly obvious that Howlader and Azam were religiously targeted based on their appearance and stripped of their undeniable civil rights regarding equal protection. But the constitutional question at hand is whether or not police officers have the compelling state interest to take off an individual's religious headwear or attire while attempting to control a crowd/make arrests? Or is this removal a violation of the First Amendment rights, specifically of the Free Exercise Clause? 

It is important to recognize that hijabs are worn as a religious obligation by Muslim women as a symbol of modesty. Muslim women must have their hair and body covered when they are in the presence of the opposite sex, that is not their close family member or husband. This is meant to reject attention in their direction and appear as humble as possible in the eyes of God. This is a mandatory practice within their religion that not adhering to is considered a sin that could result in serious eternal consequence. In Hearn & United States v. Muskogee Public School District, a Muslim sixth-grade student was suspended for refusing to remove her hijab. The school district claimed that the student’s hijab violated the “no hat” dress code. The United States government intervened in this case stating the school's dress code was a violation of religious expression and could not be applied in this circumstance. This set the precedent that religious clothing or head coverings can not be discriminated against, no matter the dress code. While this case does not touch on compelling state interest, it is extremely important as it recognizes the government's responsibility to protect an individual’s right to free exercise through wearing religious garments. It sets the standard that the United States government holds much respect for religious clothing obligations and will not let citizens' rights be taken advantage of like Zarmeen Azam and Shajnin Howlader experienced. 

Similarly in November of 2020, the New York Police Department vowed to end its discriminatory action of forcing muslims to remove hijabs for mugshot images. The lawsuit reached a settlement causing the police department to change its policy. This change affected not only Muslims but other religious headwear like “skull caps and wigs worn by Orthodox Jews and the turbans worn by Sikhs” (NYT). This demonstrates the NYPD taking steps towards ending discriminatory practices towards religious attire, which should be upheld in every action theytakee. If the police department can’t legally require individuals to remove their religious headwear then how is it acceptable for officers to forcefully rip it off of women protesting?

I’d argue in the case of Council on American-Islamic Relations New York v. City of New York the police officers had no compelling state interest to impede on either of Howlader and Azam’s free exercise rights. The women were peacefully protesting and forced against their will into a violent situation. In Azam’s circumstance, she was subjected to prejudice by being sought out and manipulated for her choice to exercise her religion. I find it especially disgusting that Howlader and Azam’s hijabs were weaponized against them by the authorities. There is no logical explanation here that vouches for any advantageous benefit of weaponizing or removing either of the individuals' hijabs. The officers did not protect any other protestors or stop potential violence through this action. They simply ripped the rights away from two women trying to follow their religious obligations. 

Sources:

https://drive.google.com/file/d/1tpkGrDRBb4BwY-vW3xWGjt2fdo7QdxHr/view

https://ecbawm.com/news/ecbawm-obtains-settlement-forcing-nypd-to-end-discriminatory-hijab-removal-policy/

https://www.google.com/search?q=hearn+%26+united+states+v.+muskogee+public+school+district+summary

https://casetext.com/analysis/case-summary-hearn-united-states-v-muskogee-public-school-district

https://gothamist.com/news/muslim-women-sue-the-nypd-allege-excessive-force-at-anti-war-protest

https://www.cair.com/press_releases/federal-civil-rights-lawsuit-filed-on-behalf-of-cair-ny-protesters-assaulted-by-nypd-officers/

https://www.nydailynews.com/2025/03/10/lawsuit-muslim-women-hijabs-dislodged-nypd-gaza-protest/

https://www.nytimes.com/2020/11/09/nyregion/hijab-muslim-nypd-mugshot-scarves.html#