A New York county banned face masks in public. Disabled people are suing.
A suburban New York county’s ban on wearing face masks in public discriminates against people with disabilities, hindering them from participating in public life and compelling unnecessary interactions with law enforcement, a federal class-action lawsuit argues.
Nassau County, on Long Island, passed a law this month that bans people from wearing face masks in public, with exceptions for medical and religious needs. Local police are tasked with enforcing the measure, with violators facing up to $1,000 in fines or jail time.
The statute breaches the Americans With Disabilities Act, the Rehabilitation Act and New York law by depriving disabled people “of equal access to public life in Nassau County,” the lawsuit alleges, adding that the exceptions for medical and religious purposes are too vague. Advocacy group Disability Rights New York filed the suit in Eastern District Court of New York on Thursday, asking the court to strike down the law on behalf of two anonymous immunocompromised plaintiffs and fellow disabled people.
The county executive’s office, which signed the bill into law, did not respond to a request for comment. County Executive Bruce Blakeman has said that the bill “is going to protect the public.”
The law stemmed from county legislators’ concern over masked pro-Palestinian protesters, with many who voted in favor pointing to alleged instances of antisemitism that were aided by masking. The county legislature’s 12 Republicans voted yes; all seven Democrats abstained, urging an alternative bill that would have heightened the penalty for masked criminal activity rather than banning mask-wearing altogether. It’s the first mask ban of its kind that targets pro-Palestinian protests, according to the ACLU.
The lawsuit challenging the ban comes as covid is on the rise: wastewater viral activity levels are “very high” nationally, according to Centers for Disease Control data. Activity is highest in Western states, but New York has seen an uptick in the past 45 days as well, the data shows.
“This mask ban poses a direct threat to public health and discriminates against people with disabilities,” Timothy Clune, executive director of Disability Rights New York, said in a statement. “Nassau County’s mask ban puts lives at risk. While worrying about their health and the well-being of their family members, those who need to wear a mask will have the added fear of discrimination, arrest, fines, and detainment.”
County legislator Mazi Pilip (R), who introduced the bill, told The Washington Post that pro-Palestinian protesters are using masks to hide “and intimidate the Jewish community.” She added: “It’s all about public safety.”
“If people want to rally, that’s great. However, this idea that nobody is going to recognize my face, and I’m going to break the law and hurt people - that’s not going to be acceptable,” she said.
The law states that it will not apply to “facial coverings worn to protect the health or safety of the wearer, for religious or cultural purposes.” It adds that law enforcement may require a person to remove the mask during traffic stops or if there is “reasonable suspicion of criminal activity.”
Pilip argued that legislators were proactive in considering disabilities and other medical needs. “It’s not vague at all,” she said.
There have been mask bans on the books before, with a variety of intent behind them, according to ACLU New York Senior Staff Attorney Beth Haroules, including one in New York that was repealed at the onset of covid, and a ban passed this year in North Carolina. Ballston Spa, near Albany, passed a mask ban this year as well. If more jurisdictions pursue such laws, this could create a patchwork of mask policies throughout the state. Local lawmakers are probably “waiting to see what’s happening in Nassau County before they take a step,” Haroules said.
The lawsuit against Nassau County details two plaintiffs, both longtime county residents, who routinely wear masks outside their homes due to medical conditions that make them more vulnerable to airborne illnesses. Both now fear constant police interaction in their day-to-day life, and the possibility of arrest and detainment, the lawsuit says.
Nina Gordon, who is 71 and has lived in the county for nearly 60 years, is not a plaintiff but supports the lawsuit. She is Jewish and acknowledged that antisemitism is a problem. But she said she is enraged by the mask ban: She has an autoimmune disorder, and her spouse received an organ transplant and takes immunosuppressant medications.
“When I go out in public, I’m masking,” she said. “I don’t want to be stopped and questioned by police. It is frightening to think we are now suspect for wearing a mask.”
The law leaves too many issues unaddressed, she added, questioning how police will determine whether someone is disabled or immunocompromised.
Covid remains a concern of hers as well.
“People act like covid went away. It didn’t go away. It keeps popping up with new variants,” she said. “When you go out in public, masking, it’s the smart thing to do.”
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