Nassau County, NY — A notable disability rights group has initiated legal action aimed at overturning a controversial mask ban in Nassau County. Advocates argue that the prohibition, which disallows the use of face coverings in public with limited exceptions, infringes upon the constitutional rights of disabled individuals who rely on masks for health protection.
Filed by Disability Rights New York, the class action lawsuit challenges the county’s Mask Transparency Act, calling for a temporary restraining order and a preliminary injunction to halt its enforcement. This legal move underscores the mounting tensions and concerns surrounding public health measures and individual freedoms.
Enacted by the Republican-led Nassau County Legislature on August 5 and signed into law by County Executive Bruce Blakeman on August 14, the ordinance has sparked a heated debate. It prohibits wearing masks in public to conceal one’s identity, stating exceptions for health, safety, and religious or cultural purposes.
The lawsuit paints a distressing picture for disabled residents such as plaintiff G.B., who suffers from cerebral palsy and asthma and depends on a medical-grade mask for daily protection. Since the enactment of the ban, G.B. has encountered increased public scrutiny and fears potential arrest for simply wearing a mask in public, despite their health conditions qualifying for an exemption under the new law.
Expressing his confidence in the law’s constitutionality and its role in ensuring public safety, Blakeman highlighted its primary aim to deter masked individuals from engaging in criminal activities such as shoplifting, carjacking, and bank robberies.
The mask ban originated in part as a response to perceived security threats, including antisemitic activities linked to masked individuals during recent anti-Israel demonstrations. According to local legislator Howard Kopel, the law addresses concerns that emerged in the wake of such incidents, which have stirred public and political unrest.
Critics of the ban, however, argue that it overreaches and imposes undue restrictions on people who wear masks for legitimate reasons. Timothy A. Clune, executive director of the disability rights group, emphasized the disproportionate impact on individuals with disabilities, stating that the law not only threatens public health but also discriminates against vulnerable populations.
The ongoing legal battle in Nassau County reflects broader national debates over mask mandates and individual rights during public health crises. As the court considers the arguments presented by Disability Rights New York, the outcome of this lawsuit may set a precedent for how similar cases are handled in other jurisdictions, balancing public safety concerns with the rights of disabled and health-compromised individuals.