Federal Lawsuit Challenges Mask Ban in Suburban New York County

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Class action lawsuit seeks to immediately stop enforcement

by

Associated Press

August 23, 2024

A disability rights organization is challenging a suburban New York ban on wearing masks in public except for health and religious reasons, arguing it is unconstitutional and discriminates against people with disabilities.

The federal class action lawsuit, filed by Disability Rights of New York on behalf of individuals with disabilities, seeks a temporary restraining order and preliminary injunction to immediately stop enforcement of Nassau County’s Mask Transparency Act.

“This mask ban poses a direct threat to public health and discriminates against people with disabilities.” Timothy A. Clune, executive director of the rights organization, said in a statement. The lawsuit includes two plaintiffs with various health conditions and who wear medical-grade face masks to protect themselves, noting they are now fearful of being harassed and possibly arrested because of the new mandate.

“While in public and private places, strangers have come up to G.B. since Aug. 5, 2024, to ask them if they are sick, if they are healthy or not, and to ask why they are wearing a facemask,” according to the lawsuit, referring to one of the plaintiffs by their initials and to the date when the Nassau County Legislature passed the local bill.

The lawsuit, filed Thursday, said G.B., a resident of Nassau County for 24 years, has been diagnosed with cerebral palsy and asthma and uses a wheelchair for mobility.

“G.B. fears that they will be arrested just for wearing a facemask for their health because there is no standard for the police to follow to decide if they meet the health exception or not,” according to the lawsuit. “G.B. is also concerned that they will be harassed, discriminated against, or even assaulted by people, including business owners and employees, in Nassau County for just going about their day with a mask on.”

Messages were left seeking comment with media contacts for Nassau County Executive Bruce Blakeman, a Republican who signed the bill into law on August 14.

When the county’s Republican-controlled Legislature approved the ban on face coverings, legislator Howard Kopel said lawmakers were responding to “antisemitic incidents, often perpetrated by those in masks” since the October 7 start of the Israel-Hamas war.

The law makes it a misdemeanor punishable by up to a year in jail and a $1,000 fine for anyone in Nassau to wear a face covering to hide their identity in public. It exempts people who wear masks “for health, safety, religious, or cultural purposes, or for the peaceful celebration of a holiday or similar religious or cultural event for which masks or facial coverings are customarily worn.”

Blakeman has said that while mask-wearing campus protesters were the impetus for the ban, he sees the new law as a tool to fight everyday crime as well.

“This is a broad public safety measure,” Blakeman said at a news conference. “What we’ve seen is people using masks to shoplift, to carjack, to rob banks, and this is activity we want to stop.”