A disability rights organization has filed a federal class action lawsuit challenging a suburban New York ban on wearing masks in public for reasons other than health or religion. Disability Rights of New York filed the lawsuit on behalf of individuals with disabilities, claiming the ban is unconstitutional and discriminatory.
The lawsuit seeks a temporary restraining order and preliminary injunction to halt enforcement of Nassau County’s Mask Transparency Act. The executive director of the rights organization, Timothy A. Clune, stated that the mask ban endangers public health and discriminates against individuals with disabilities. The lawsuit includes two plaintiffs with health conditions who rely on medical-grade face masks for protection and now fear harassment and potential arrest due to the ban.
One of the plaintiffs, referred to as G.B., is a resident of Nassau County for 24 years, diagnosed with cerebral palsy and asthma, and uses a wheelchair for mobility. The lawsuit expresses G.B.’s fear of being arrested or discriminated against for wearing a face mask for health reasons, as there is no clear standard for law enforcement to determine if the health exception applies.
The ban on face coverings in Nassau County, signed into law by County Executive Bruce Blakeman in August, makes it a misdemeanor punishable by jail time and fines to wear a mask in public to conceal one’s identity. The law provides exemptions for those wearing masks for health, safety, religious, or cultural purposes, or for celebrations of holidays where masks are traditionally worn.
Blakeman stated that the initial impetus for the ban was mask-wearing protesters on college campuses but emphasized the law as a tool to combat various crimes facilitated by mask-wearing, such as shoplifting and robbery. The county legislature cited incidents during the Israel-Hamas war to justify the ban, claiming that individuals in masks were involved in antisemitic activities.