A disability rights organization, Disability Rights of New York, has filed a federal lawsuit challenging a new law in Nassau County, New York that bans face coverings in public. The lawsuit argues that the mask ban, known as the Mask Transparency Act, is unconstitutional and discriminates against people with disabilities. The act, passed by the Republican-controlled Nassau County Legislature and signed into law on August 14, prohibits face coverings in public except for health and religious reasons.
The lawsuit, filed on behalf of people with disabilities, seeks a temporary restraining order and preliminary injunction to immediately halt the enforcement of the mask ban. It claims that the ban poses a direct threat to public health and specifically targets individuals with disabilities who rely on face masks for their health and safety.
Two plaintiffs, both with various health conditions, are named in the lawsuit. They wear medical-grade face masks to protect themselves and fear harassment and potential arrest under the new law. One plaintiff, identified as G.B., has been diagnosed with cerebral palsy and asthma and uses a wheelchair. The lawsuit states that G.B. has been subjected to questions and inquiries regarding their health and reasons for wearing a face mask since the ban came into effect. G.B. is concerned about being arrested solely for wearing a mask due to the lack of clear standards for police to determine whether someone meets the health exception.
The lawsuit further argues that the ban could lead to discrimination and even assault against individuals with disabilities who simply choose to wear a mask while going about their daily activities. The ban has been met with criticism from disability rights groups and advocates, who emphasize the potential dangers and vulnerabilities faced by individuals with disabilities who may not be able to adequately communicate or protect themselves without face coverings.
Nassau County Executive Bruce Blakeman, a Republican who signed the bill into law, maintains that the law is constitutional and necessary for public safety. Blakeman and other county officials argue that the ban is intended to curb violent crime and protests, citing incidents where individuals wearing masks have been involved in criminal activity. The law makes it a misdemeanor punishable by up to a year in jail and a $1,000 fine to wear a face covering to hide one’s identity in public, with exemptions for health, safety, religious, or cultural purposes.
The lawsuit, however, contends that the ban is an overreach that disproportionately affects individuals with disabilities and contradicts the principles of equal protection under the law. The legal battle is likely to draw attention to the complexities of balancing public safety with the rights of individuals with disabilities, particularly in a context where face coverings have been increasingly utilized for both health and safety purposes.
