A disability rights organization has filed a lawsuit challenging Nassau County, New York’s mask ban, which prohibits the wearing of face coverings in public except for health and religious reasons. The lawsuit argues that the ban is unconstitutional and discriminates against people with disabilities.
The organization Disability Rights of New York filed a class action lawsuit in federal court on Thursday on behalf of people with disabilities, seeking a temporary restraining order and preliminary injunction to immediately stop the county’s enforcement of the Mask Transparency Act, according to the Associated Press.
The Republican-dominated Nassau County Legislature passed the bill on August 5, and it went into effect on August 14.
“This mask ban poses a direct threat to public health and discriminates against people with disabilities,” disability rights group executive director Timothy A. Clune said in a statement.
Nassau County bans masks in public to curb violent crime and protests
A disability rights organization has filed a lawsuit challenging Nassau County, New York’s mask ban, which prohibits the wearing of face coverings in public except for health and religious reasons. (Getty Images)
The lawsuit names two plaintiffs who suffer from various medical conditions and wear medical face masks for protection. The plaintiffs say they now fear harassment and possible arrest due to the new mask ban.
“Since August 5, 2024, strangers have approached GB in public and private places to ask them if they are sick or healthy and why they are wearing a face mask,” says the lawsuit, which identifies one of the plaintiffs by initials.
The lawsuit states that GB has been diagnosed with cerebral palsy and asthma and requires a wheelchair to get around.
“GB fears they will be arrested simply for wearing a face mask for health reasons, as there is no standard for police to use to determine whether or not they meet the health exemption,” the lawsuit states. “GB is also concerned that they will be harassed, discriminated against, or even attacked by people, including business owners and employees, in Nassau County simply for going about their daily lives wearing a mask.”
Nassau County Republican Executive Bruce Blakeman, who signed the bill, said county officials are “confident that the law will stand because there is a presumption of constitutionality in the actions of the legislature and this law is reasonable and responsible.”
NEW YORK COUNTY PASSES FACE MASK BAN
The Republican-dominated Nassau County Legislature passed the bill on August 5, and it went into effect on August 14. (Getty Images)
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Israeli lawmaker Howard Kopel said parliamentarians wanted to pass the ban in response to “anti-Semitic incidents, often carried out by masked people,” that took place during anti-Israel demonstrations on university campuses that followed Hamas’s October 7 attacks on Israel, which sparked the ongoing war in Gaza.
By law, wearing a face covering to conceal one’s identity in public in Nassau County is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Exceptions are made for people who wear a mask “for health, safety, religious or cultural reasons, or for the peaceful observance of a holiday or similar religious or cultural event at which masks or face coverings are customarily worn.”
Blakeman said the reason for the ban was to force protesters to wear masks, but the new law was also a means of combating everyday crime.
“This is a comprehensive public safety measure,” Blakeman said at a news conference. “We’ve seen people using masks to shoplift, steal cars and rob banks. That’s an activity we want to stop.”
The Associated Press contributed to this report.
