Lawsuit challenges mask ban in New York county, claiming discrimination against disabled people
A disability rights organization has sued to block the Nassau County, New York, mask ban that prohibits face coverings in public except for health and religious reasons, with the lawsuit arguing the ban is unconstitutional and discriminates against people with disabilities.
The Disability Rights of New York filed a federal class action lawsuit Thursday on behalf of people with disabilities, seeking a temporary restraining order and preliminary injunction to immediately stop enforcement of the county's Mask Transparency Act, according to The Associated Press.
The Republican-controlled Nassau County Legislature passed the bill on Aug. 5, and it was signed into law on Aug. 14.
"This mask ban poses a direct threat to public health and discriminates against people with disabilities," the disability rights group's executive director Timothy A. Clune said in a statement.
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The lawsuit lists two plaintiffs with various health conditions and who wear medical-grade face masks to protect themselves. The plaintiffs say they are now fearful of harassment and potential arrest due to the new mask ban.
"While in public and private places, strangers have come up to G.B. since August 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.
The lawsuit said G.B. has been diagnosed with cerebral palsy and asthma and needs a wheelchair to move around.
"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," the lawsuit said. "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."
Republican Nassau County Executive Bruce Blakeman, who signed the bill into law, said county officials are "confident that the law will be upheld as there is a presumption of constitutionality when the legislature acts, and this legislation is reasonable and responsible."
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Legislator Howard Kopel said lawmakers sought to approve the ban in response to "antisemitic incidents, often perpetrated by those in masks" amid anti-Israel demonstrations seen on college campuses in the aftermath of Hamas' Oct. 7 attack against Israel that started the ongoing war in Gaza.
The law makes it a misdemeanor punishable by up to a year in jail and a $1,000 fine for anyone in Nassau County to wear a face covering to hide their identity in public, with exemptions for 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 protesters wearing masks were the reason for the ban, but that the new law is also a way to combat everyday crime.
"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."
The Associated Press contributed to this report.