Prosecutors in New York decided on Friday to drop the charges against a pro-Palestinian protester, who was arrested early on under a controversial local face mask regulation that has raised significant concerns regarding freedom of speech.
The Nassau County District Attorney’s office confirmed during a court proceeding on Long Island that it would move to dismiss the charges against Xavier Roa. According to spokesperson Nicole Turso, the prosecution found upon thorough investigation that it could not establish the allegations against him beyond a reasonable doubt.
Roa’s attorney, Geoffrey Stewart, celebrated the dismissal as a significant victory for both his client and civil liberties overall. However, he expressed firm belief that the Mask Transparency Act, under which his client was charged, should be completely repealed.
Stewart emphasized that this situation illustrates the potential for law enforcement to misuse legislation that is, in his view, unconstitutionally ambiguous. He noted that Roa had acted peacefully and cooperatively, exercising his right to free speech during a demonstration outside an Orthodox synagogue in September.
The North Bellmore resident was initially detained under the Mask Transparency Act, which prohibits individuals from wearing masks that hide their identity in public places, except for specific exemptions related to health, safety, religion, or culture.
This law was approved by the Republican-controlled Legislature in Nassau County in August as a response to an increase in “antisemitic incidents,” which were frequently attributed to masked individuals amidst ongoing tensions stemming from the Israel-Hamas conflict that began last year.
Had he been convicted of the misdemeanor charge, Roa could have faced a maximum sentence of one year in prison and a fine of up to $1,000. His arrest marked him as the first protester apprehended under this newly implemented law.
Various organizations, including the New York chapter of the Council on American-Islamic Relations, condemned the law at the time, arguing that it appeared to be a tool for suppressing the voices of Palestinian advocates.
Nassau County law enforcement claimed that Roa was engaged in attempts to obscure his identity while leading pro-Palestinian chants and noted that he asserted his intent to wear the kaffiyeh in solidarity with Palestinians, rather than for the aforementioned exempt purposes.
Footage from the arrest shows Roa wearing the kaffiyeh draped around his neck as he is escorted away in handcuffs.