Disability rights group sues to stop mask ban in upstate New York suburbs

A disability rights organization is challenging suburban New York’s ban on wearing masks in public except for health and religious reasons, arguing that it is unconstitutional and discriminates against people with disabilities.

The federal class action, filed by Disability Rights of New York on behalf of people with disabilities, seeks a temporary restraining order and preliminary injunction to immediately stop enforcement of the Nassau County Mask Transparency Act.

“This mask ban is a direct threat to public health and discriminates against people with disabilities.” Timothy A. Clune, the human rights organization’s executive director, said in a statement. The lawsuit includes two plaintiffs with various health conditions who wear medical masks to protect themselves, saying they now fear harassment and possible arrest because of the new mandate.

“While in public and private places, strangers came to GB from August 5, 2024, to ask if they were sick, if they were healthy or not, and to ask them why they were wearing a mask,” according to the lawsuit. , referring to one of the plaintiffs by initial and the date the Nassau County Legislature passed the local bill.

The lawsuit said GB, a 24-year Nassau County resident, has been diagnosed with cerebral palsy and asthma and uses a wheelchair for mobility.

“GB fears they will be arrested just for wearing a mask for their health because there is no standard for the police to follow to decide whether or not they meet the health exception,” according to the lawsuit. “GB is also concerned that they will be harassed, discriminated against, or even attacked by people, including business owners and employees, in Nassau County for simply going about their day wearing a mask.”

In a written statement, Nassau County Executive Bruce Blakeman, a Republican who signed the bill on Aug. 14, said county officials are “confident the law will be upheld because there is a presumption of constitutionality when the legislature acts this too. the legislation is reasonable and responsible.”

When the county’s Republican-controlled Legislature approved the ban on face coverings, Legislator Howard Kopel said lawmakers were responding to “anti-Semitic incidents, often by those wearing masks” since the start of the Israel-Hamas war on Oct. 7.

The law makes it a misdemeanor punishable by up to a year in jail and a $1,000 fine for anyone in Nassau to wear a mask to hide their identity in public. It exempts 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 masks are customarily worn.

Blakeman said that while mask-wearing protesters on campus were the impetus for the ban, he sees the new law as a tool 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 steal cars, to rob banks, and that’s an activity we want to stop.”

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