Disability Rights Organization Challenges Mask Ban in New York

A disability rights organization in New York has filed a federal class action lawsuit challenging a suburban New York ban on wearing masks in public except for health and religious reasons. Disability Rights of New York argues that the ban is unconstitutional and discriminates against people with disabilities. The lawsuit seeks a temporary restraining order and preliminary injunction to immediately stop enforcement of Nassau County’s Mask Transparency Act.

The lawsuit includes two plaintiffs with various health conditions who wear medical-grade face masks to protect themselves. These individuals are now fearful of being harassed and possibly arrested due to the new mandate. One of the plaintiffs, referred to as G.B., has been diagnosed with cerebral palsy and asthma and uses a wheelchair for mobility. G.B. is concerned about the lack of clarity around the health exceptions in the law and fears being discriminated against or assaulted for simply wearing a mask.

Nassau County’s Mask Transparency Act, passed by the local Legislature on August 14, makes it a misdemeanor punishable by up to a year in jail and a $1,000 fine for anyone in Nassau to wear a face covering to hide their identity in public. The law exempts individuals who wear masks for health, safety, religious, or cultural purposes, or for the peaceful celebration of a holiday or similar religious or cultural event where masks are customarily worn.

The county’s Republican-controlled Legislature approved the mask ban in response to perceived antisemitic incidents, often perpetrated by individuals wearing masks. County Executive Bruce Blakeman, who signed the bill into law, sees the ban as a tool to fight everyday crime as well. Blakeman has described the law as a broad public safety measure to address a range of concerns beyond mask-wearing on campuses.

The Disability Rights of New York lawsuit challenges the constitutionality of Nassau County’s Mask Transparency Act, arguing that it discriminates against people with disabilities and poses a threat to public health. The plaintiffs in the case fear harassment and arrest for simply protecting themselves with medical-grade face masks. It remains to be seen how the legal proceedings will unfold and what impact they will have on the enforcement of the mask ban in New York.