What it is about
Disability Rights of New York has filed a federal class action lawsuit contesting the Mask Transparency Act in Nassau County, which restricts wearing masks in public unless for health or religious reasons.
Why it Matters
The lawsuit argues that the law discriminates against individuals with disabilities who rely on masks for health reasons and poses broader questions about the balance between public safety and civil rights.
The Details
The executive director of Disability Rights of New York, Timothy A. Clune, describes the legislation as a direct threat to public health and particularly discriminatory towards people with disabilities. Plaintiffs G.B., among others, who have serious health conditions and need to wear medical-grade masks, fear harassment and arrest under the new law.
Key Context
The lawsuit highlights ongoing harassment G.B. has faced since the law’s passage on August 5, 2024, describing fear of arrest and public hostility as severe concerns. G.B., diagnosed with cerebral palsy and asthma, has been a resident of Nassau County for 24 years.
Official Response
Nassau County Executive Bruce Blakeman asserts that the law has a presumption of constitutionality, stressing that it aims to balance legislative action and reason. The legislation, sanctioned on August 14, was propelled by the county’s Republican-controlled Legislature due to “antisemitic incidents” attributed to masked individuals.
Broader Implications
The new law, aimed at preventing crime and antisemitic acts, stipulates severe penalties including up to a year in jail and a $1,000 fine. It does, however, offer exemptions for health, religious, and cultural purposes. Legislator Howard Kopel emphasizes that recent events in Israel and activities linked to Hamas have increased the urgency for such measures.
The Bottom Line
Nassau County’s Mask Transparency Act raises significant questions about protecting public health and civil liberties. The ongoing legal battle will determine how these divided interests reconciles in public policy. Bruce Blakeman describes the law as an essential crime prevention tool, targeting issues from shoplifting to more severe crimes while invoking a commitment to religious and cultural sensitivity.
This story was first published on timesofisrael.com.