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Lawsuit challenges New York’s Nassau County mask ban, claims it discriminates against people with disabilities
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Lawsuit challenges New York’s Nassau County mask ban, claims it discriminates against people with disabilities

A disability rights organization has filed a lawsuit to block a ban on face masks in Nassau County, New York. The ban prohibits face coverings in public except for health or religious reasons. The organization claims in the lawsuit that the ban is unconstitutional and discriminates against people with disabilities.

Disability Rights of New York filed a class action lawsuit on behalf of people with disabilities on Thursday, seeking a temporary injunction and preliminary injunction to immediately halt enforcement of the region’s Mask Transparency Act, The Associated Press reported.

The Republican-controlled Nassau County Legislature passed the bill on August 5 and signed it into law on August 14.

“This mask ban poses a direct threat to public health and discriminates against people with disabilities,” Timothy A. Clune, executive director of the disability rights organization, said in a statement.

NASSAU COUNTY BANS MASKS IN PUBLIC TO CURTAIN VIOLENT CRIME AND PROTESTS

A woman wearing a mask

A disability rights organization has filed a lawsuit to block a ban on face masks in Nassau County, New York, that prohibits face coverings in public except for health or religious reasons. (Getty Images)

The lawsuit lists two plaintiffs with various health conditions who wear medical face masks to protect themselves. The plaintiffs say they now fear harassment and possible arrest because of the new mask ban.

“Since 5 August 2024, strangers have come to Britain to ask if they are sick, if they are healthy or not, and why they are wearing a face mask,” the complaint states. One of the claimants is identified by his initials.

The lawsuit states that GB has been diagnosed with cerebral palsy and asthma and requires a wheelchair to get around.

“GB fears that they will be arrested simply for wearing a mask for their health, as there is no standard that law enforcement can follow to determine whether or not they meet the health exception,” the lawsuit states. “GB is also concerned that they will be harassed, discriminated against, or even assaulted by people, including business owners and employees, in Nassau County simply for going about their day wearing a mask.”

Nassau County Republican Governor Bruce Blakeman, who signed the bill, said county officials “are confident the law will be enforced because there is a presumption of constitutionality when the Legislature acts and such legislation is reasonable and responsible.”

NEW YORK COUNTY APPROVES FACE MASKS BAN

People wearing masks

The Republican-controlled Nassau County Legislature passed the bill on August 5 and signed it into law on August 14. (Getty Images)

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Lawmaker Howard Kopel said lawmakers wanted to pass the ban in response to “anti-Semitic incidents, often committed by people wearing masks” during anti-Israel demonstrations on college campuses following Hamas’ Oct. 7 attack on Israel, which began the ongoing war in Gaza.

The law makes wearing a face covering to conceal your identity in public a misdemeanor punishable by up to a year in jail and a $1,000 fine for anyone in Nassau County. Exceptions apply for people who wear a mask “for health, safety, religious or cultural purposes, or for the peaceful observance of a holiday or similar religious or cultural event at which a mask or face covering is customarily worn.”

Blakeman said the mask-wearing protesters were the reason for the ban, but the new law is also a way to combat everyday crime.

“This is a broad public safety measure,” Blakeman said at a news conference. “What we’ve seen is people using masks to steal, to steal cars, to rob banks, and this is an activity we want to stop.”

The Associated Press contributed to this report.