A disability rights organization is taking legal action against a suburban New York ban on wearing masks in public, except for health and religious reasons. Disability Rights of New York has filed a federal class action lawsuit on behalf of individuals with disabilities, arguing that the ban is unconstitutional and discriminatory. The organization is seeking a temporary restraining order and preliminary injunction to halt enforcement of Nassau County’s Mask Transparency Act.
Timothy A. Clune, the executive director of the rights organization, has stated that the mask ban not only poses a threat to public health but also unfairly targets people with disabilities. The lawsuit includes two plaintiffs with health conditions who rely on medical-grade face masks for protection. These individuals now fear harassment and potential arrest due to the new mandate, as strangers question them about their mask-wearing.
One of the plaintiffs, identified as G.B., has been a resident of Nassau County for 24 years and has cerebral palsy and asthma, using a wheelchair for mobility. G.B. is concerned about potential arrest for wearing a face mask for health reasons, as there is no clear standard for law enforcement to determine if someone meets the health exception. The lawsuit highlights G.B.’s worries about facing discrimination, harassment, or violence simply for wearing a mask in public spaces.
Nassau County Executive Bruce Blakeman, a Republican, signed the Mask Transparency Act into law on August 14. The county’s Republican-controlled Legislature approved the ban on face coverings in response to what legislator Howard Kopel described as “antisemitic incidents, often perpetrated by those in masks” following the Israel-Hamas war. The law criminalizes wearing a face covering in public to conceal one’s identity, with penalties including up to a year in jail and a $1,000 fine.
While the ban is strict on wearing masks in public, certain exemptions are provided for individuals wearing masks for health, safety, religious, or cultural purposes. The law acknowledges the use of masks in the peaceful celebration of holidays or cultural events where facial coverings are customary. Despite the origins of the ban being tied to political protests, Blakeman views it as a means to address everyday crime and enhance public safety.
The legal battle over wearing masks in public underscores the complex intersection of public health, individual rights, and law enforcement practices. The lawsuit brought forth by Disability Rights of New York sheds light on the challenges faced by individuals with disabilities who rely on masks for protection. While the ban aims to address specific concerns around identity concealment, its impact on vulnerable populations and potential for discrimination are significant factors to consider in the ongoing debate around mask mandates and public safety measures.
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