A recent federal class action lawsuit has been filed by Disability Rights of New York against a suburban New York ban on wearing masks in public, except for health and religious reasons. The organization argues that the Mask Transparency Act, passed by the Nassau County Legislature, poses a direct threat to public health and discriminates against people with disabilities. This ban has sparked fear among individuals with disabilities who rely on medical-grade face masks for protection.
The lawsuit includes two plaintiffs, one of whom is a 24-year resident of Nassau County and has been diagnosed with cerebral palsy and asthma. This individual relies on a wheelchair for mobility and fears being harassed, discriminated against, or even assaulted for simply wearing a face mask in public spaces. The lack of clear guidelines for enforcement has created uncertainty and anxiety for individuals who require face masks for health reasons.
Messages seeking comment from Nassau County Executive Bruce Blakeman, who signed the Mask Transparency Act into law, have been left unanswered. Blakeman, a Republican, has defended the ban as a response to “antisemitic incidents,” citing the Israel-Hamas war as a factor. The law prohibits the wearing of masks in public, with exceptions for health, safety, religious, and cultural purposes. Violators could face up to a year in jail and a $1,000 fine.
Blakeman has justified the ban as a public safety measure aimed at combating everyday crime, adding that it was inspired by mask-wearing campus protesters. Despite the intended purpose of the law, its broad application raises concerns about potential discrimination and harassment towards individuals who rely on face masks for health reasons. The lack of clear guidance for law enforcement further complicates the situation for those affected.
The legal challenge by Disability Rights of New York highlights the unintended consequences of the Nassau County mask ban, particularly for individuals with disabilities. The lawsuit seeks a temporary restraining order and preliminary injunction to halt the enforcement of the Mask Transparency Act. It is essential to consider the impact of such laws on marginalized communities and ensure that public health measures are implemented in a fair and equitable manner. The outcome of this case will have far-reaching implications for the rights of individuals with disabilities and the broader issue of mask mandates in public spaces.