Challenge to Mask Ban in Nassau County

Nassau County Executive Bruce Blakeman recently enacted a law prohibiting the wearing of masks in public to conceal one’s identity, imposing penalties of up to $1,000 in fines and a year in jail for violators. This unprecedented legislation has sparked controversy, particularly among individuals with disabilities, who argue that the ban infringes on their rights and access to public services. A federal lawsuit has been filed, claiming the law violates the Americans with Disabilities Act and other constitutional protections. The lawsuit highlights the experiences of two anonymous plaintiffs, one of whom, identified as "S.S.," is immunocompromised and feels unsafe wearing a mask in public due to the new law. S.S. reported receiving a disturbing email from a legislator that depicted mask-wearers negatively, further exacerbating their fear of harassment. Another plaintiff, "G.B.," who has cerebral palsy and asthma, expressed anxiety about potential confrontations with law enforcement regarding their mask usage, fearing discrimination and unwanted attention. As COVID-19 cases rise again, the plaintiffs argue that the mask ban disproportionately affects those with health vulnerabilities, forcing them to choose between their safety and public compliance. The lawsuit names both Nassau County and Blakeman as defendants, asserting that the law discriminates against individuals with disabilities and violates their rights to participate in public life without fear. In response, Blakeman defended the law, asserting its constitutionality and framing it as a reasonable public safety measure. The outcome of this legal challenge could have significant implications for public health policies and disability rights in the region.