A disability rights organization in Nassau County, New York, has filed a federal class action lawsuit to block a mask ban that prohibits face coverings in public except for health and religious reasons. The Disability Rights of New York argues that the ban is unconstitutional and discriminates against people with disabilities. The lawsuit seeks to stop enforcement of the county’s Mask Transparency Act, which was recently passed by the Republican-controlled Nassau County Legislature and signed into law by County Executive Bruce Blakeman. The organization’s executive director, Timothy A. Clune, stated that the ban poses a direct threat to public health and discriminates against people with disabilities.
The lawsuit lists two plaintiffs with various health conditions who wear medical-grade face masks to protect themselves. The plaintiffs express fear of harassment and potential arrest due to the new mask ban. One of the plaintiffs, identified as G.B., has cerebral palsy and asthma, and depends on a wheelchair for mobility. The lawsuit states that G.B. has been approached by strangers asking about their health and questioning why they are wearing a face mask. G.B. fears potential arrest for wearing a mask despite having health reasons to do so, as there is no clear standard for police to determine if they meet the health exception.
Nassau County Executive Bruce Blakeman, who signed the bill into law, asserts that county officials are confident in the constitutionality of the ban, stating that there is a presumption of constitutionality when the legislature acts, and that the legislation is reasonable and responsible. According to Legislator Howard Kopel, lawmakers approved the ban in response to antisemitic incidents by individuals wearing masks during anti-Israel demonstrations. The law makes it a misdemeanor punishable by up to a year in jail and a $1,000 fine to wear a face covering to hide one’s identity in public, with exemptions for health, safety, religious, or cultural purposes.
Blakeman has emphasized that the ban is also aimed at combating everyday crime, citing instances of people using masks to shoplift, carjack, and rob banks. He stated that the ban is a broad public safety measure intended to prevent such criminal activities. The county executive pointed out that the ban targets not only individuals wearing masks during protests but also those using masks for criminal purposes in everyday situations. The legislation allows for exemptions for individuals wearing masks for health reasons, safety, religious purposes, or cultural events.
Overall, the lawsuit filed by the Disability Rights of New York challenges the constitutionality and discriminatory nature of the Nassau County mask ban. The organization argues that the ban poses a direct threat to public health and discriminates against individuals with disabilities who require face masks for medical reasons. In response, county officials maintain that the law is necessary for public safety and to address criminal activities facilitated by individuals wearing masks. The legal dispute highlights the complex balance between public health concerns, individual rights, and law enforcement efforts in Nassau County.
