Nassau mask ban lawsuit rejected by federal judge

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Nassau mask ban lawsuit rejected by federal judge
Joined by supporters of the law both behind him and in the audience, Nassau County Executive Bruce Blakeman signed the Mask Transparency Act into law on Aug. 14. (Michael Malaszczyk/Long Island Press)

A lawsuit challenging the legality of Nassau County’s recently implemented face mask ban was thrown out by a federal judge Wednesday due to the plaintiffs’ lack of standing after arguing it violated the Americans with Disabilities Act and other legalities, according to court documents.

“Nassau County residents can be grateful that the court dismissed a lawsuit that would have made Nassau County less safe,” Republican County Executive Bruce Blakeman said in a statement. “The Legislature was correct in addressing this pressing need to give police officers the ability to enforce the law.”

The law, referred to as the Mask Transparency Act, prohibits individuals from wearing a face mask that conceals parts of their face or disguises their voice for the purpose of concealing their identity. Masks are prohibited in both public spaces and private businesses and properties where the owner prohibits it.

The law also allows police to ask an individual to remove a face mask during traffic stops and when suspected of criminal activity.

Face masks for the purpose of health are not prohibited under the law nor are religious face coverings or those used to celebrate holidays peacefully.

Punishment for a face mask conviction is either a maximum fine of $1,000 or a maximum of one year in jail.

The lawsuit against the ban was filed by two Nassau County residents, identified as S.S. and G.B., who have lived in the county for more than 20 years. Both are disabled and wear masks when they leave their homes to protect themselves from illness, according to court documents.

Both stated in the suit that they would not remove their face masks if asked to do so by law enforcement.

One of the plaintiffs said they have also reduced the frequency with which they leave their home to “avoid likely harm and threat” to their life. Both stated in the suit that they fear harassment, arrest and prosecution.

The lawsuit was based upon the residents’ assertion that the law violated the Americans with Disabilities Act, the Rehabilitation Act of 1973 and the New York State Constitution.

The lawsuit was overseen by Judge Joan Azrack in the Eastern District of New York.

Azrack ruled that the two plaintiffs failed to provide evidence of injury due to the law, citing that the law provides exemptions specifically for people wearing masks for health reasons as they do.

The judge said their other arguments, such as the law limiting their public and private lives and potential harassment due to mask wearing, were not “persuasive,” according to court documents.

The suit was ultimately rejected.

Blakeman signed the law into effect in August after the Nassau County Legislature approved the bill 12-0 with solely Republican support and all Democrats abstaining earlier in the month.

Democrats proposed an alternative where one would face elevated charges for committing a crime while wearing a mask, but it was ignored by the Legislature’s GOP majority.

The law was introduced by Nassau County Legislator Mazi Melesa Pilip (R-Great Neck), who argued for the law’s necessity in the wake of pro-Palestine protests across the country. She and others alleged that protesters wear masks in order to commit antisemitic acts without identification.

The passage of the law was highly contested, with the board divided on the issue along partisan lines and members of the public overwhelmingly speaking against it during public comment periods.

One opponent was arrested after they refused to leave the podium when their three-minute public comment session expired. Many supporters heckled the opponents during the public hearings and were given more time at the podium to speak publicly.

Multiple individuals have already been arrested and charged with violating the county’s mask ban, including an 18-year-old in Levittown who was arrested in August for possessing a 14-inch butcher knife and for wearing a face mask in public. A Manhattan man, 27, was also arrested in August in Jericho for attempted burglary and wearing a face mask.

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1 COMMENT

  1. i am glsd the federal judge threw the mask ban out next they should axe bruce blakeman he was a disgrace at the trump rally he paid a million dollars of taxpayer monies to hold event 1000$$$$ s of dollars spent on nassau county police and ems service and i had a trump rally ticket but was turned away even with the ticket posted on phone and a ADA HANDICAPED PLAQUARD I AM A DISABLED SENIOR RETIREE OF A CIVIL SERVICE OF 34 YEARS THANX MR. BLAKEMAN POST MY RANT THROW OUT BLAKEMAN IN 2025 FYI HE AND HIS WIFE SEGAL BLAKEMAN DONT EVEN LIVE IN NASSAU COUNTY THEY ARE HAMPTONITES JET SETTERS CHECK IT OUT!!! WORD TO THE MASSES OF NASSAU COUNTY

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