Disability Rights Group Challenges Nassau County's Mask Ban in Court

A legal challenge has been mounted against a controversial mask ban in Nassau County, New York. Disability Rights of New York has filed a federal class action lawsuit, contending that the recently enacted Mask Transparency Act is unconstitutional and discriminatory towards individuals with disabilities.

The organization is seeking immediate judicial intervention to halt the enforcement of the law, which prohibits the wearing of masks in public spaces except for health and religious reasons. This legal action comes in response to the Nassau County Legislature's passage of the bill on August 5, 2024, which was subsequently signed into law by County Executive Bruce Blakeman on August 14, 2024.

The lawsuit includes two plaintiffs with various health conditions who rely on medical-grade face masks for protection. These individuals now express fear of potential harassment and arrest due to the new mandate. One plaintiff, identified as G.B., has been a Nassau County resident for 24 years and has been diagnosed with cerebral palsy and asthma.

"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."

Timothy A. Clune, executive director of Disability Rights of New York, stated, "This mask ban poses a direct threat to public health and discriminates against people with disabilities."

In response, Bruce Blakeman defended the law, expressing confidence in its constitutionality and describing it as "reasonable and responsible." The Republican-controlled Legislature initially approved the ban in response to antisemitic incidents reportedly perpetrated by masked individuals following the start of the Israel-Hamas war on October 7, 2023.

The law classifies wearing a face covering to conceal one's identity in public as a misdemeanor, punishable by up to a year in jail and a $1,000 fine. However, it provides exemptions for masks worn for health, safety, religious, or cultural purposes.

Nassau County, located on Long Island, is one of the wealthiest counties in the United States, with a population of approximately 1.4 million as of 2020. The county has a rich history dating back to Native American settlements and was created in 1899, carved out of Queens County. It is named after the Dutch family of William of Orange, who became King William III of England.

The county's diverse economy includes healthcare, technology, and retail sectors, and it is home to several prestigious universities such as Hofstra University and Adelphi University. Nassau County has played a significant role in aviation history, with Charles Lindbergh taking off from Roosevelt Field for his transatlantic flight in 1927.

While the mask ban was initially prompted by specific concerns, Blakeman now views it as a broader public safety measure, stating, "What we've seen is people using masks to shoplift, to carjack, to rob banks, and this is activity we want to stop."

As the legal battle unfolds, it highlights the complex balance between public safety measures and the rights of individuals with disabilities in Nassau County, a region known for its beaches, including the popular Jones Beach State Park, and its strong tradition of local government.