A disability rights organization has filed a federal class action lawsuit against Nassau County, challenging a recently enacted ban on wearing masks in public. The suit argues that the law, which allows exceptions only for health and religious reasons, is unconstitutional and discriminates against people with disabilities.
Lawsuit Seeks to Halt Enforcement
Filed by Disability Rights of New York, the lawsuit seeks a temporary restraining order and preliminary injunction to prevent the enforcement of the Mask Transparency Act. The act, which was signed into law on August 14, 2024, by Nassau County Executive Bruce Blakeman, a Republican, makes it a misdemeanor to wear a face covering in public with the intent to conceal one’s identity. Violations can result in up to a year in jail and a $1,000 fine.
Timothy A. Clune, executive director of Disability Rights of New York, stated that the mask ban “poses a direct threat to public health and discriminates against people with disabilities.” The lawsuit highlights the concerns of two plaintiffs with health conditions who wear medical-grade face masks for protection and now fear harassment or arrest under the new mandate.
Impact on Disabled Residents
One of the plaintiffs, referred to in court documents as G.B., has cerebral palsy and asthma, and uses a wheelchair for mobility. G.B. has been a Nassau County resident for 24 years and has experienced increased scrutiny from strangers since the law’s passage.
The lawsuit claims, “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.” G.B. is also concerned about potential harassment and discrimination from the public, including business owners and employees.
County’s Defense of the Law
Nassau County officials have defended the mask ban, citing a need for public safety. County Executive Blakeman expressed confidence in the law’s constitutionality, stating, “There is a presumption of constitutionality when the legislature acts, and this legislation is reasonable and responsible.”
The ban was passed by the county’s Republican-controlled Legislature in response to recent incidents of antisemitism, which lawmakers say were perpetrated by individuals wearing masks. Legislator Howard Kopel referenced the surge in such incidents since the beginning of the Israel-Hamas war in October 2023.
Blakeman also described the law as a tool to combat everyday crime, noting that masks have been used in activities such as shoplifting, carjacking, and bank robbery. “This is a broad public safety measure,” he said at a news conference.
