Federal class-action lawsuit challenging Nassau's mask ban should be dismissed, county argues in court papers

A federal class-action lawsuit aiming to overturn Nassau County’s new mask ban on the basis that it discriminates against people with disabilities should be dismissed because the plaintiffs suffered no harm as a result of the ban, a lawyer for Nassau County argued in newly filed court papers.

The Albany-area advocacy group Disability Rights New York filed suit last month on behalf of two Nassau residents, who are anonymous, in federal court in Central Islip alleging the county’s mask ban discriminates against people with disabilities by depriving them of equal access to public life.

The suit, which named Nassau County and Nassau County Executive Bruce Blakeman as defendants, is seeking a preliminary injunction and temporary restraining order against the ban.

In a response filed this week, the Nassau County Attorney’s Office said the residents who filed suit lack the legal standing to bring a claim against the county because they have not suffered any discrimination as a result of the law. Further, there is no conflict between the Americans with Disabilities Act, "which is silent on the subject of masks," and the county’s mask ban, the response read.

"It should be noted from the outset that Plaintiffs have no standing to bring this litigation as they are not under any risk or threat of harm, harassment or discrimination under the [Mask Transparency Act], which contains an explicit carve out stating that the law ‘shall not apply to facial coverings worn to protect the health and safety of the wearer,’ such as the masks worn by plaintiffs," read a memorandum in opposition to the restraining order request filed by the Nassau County Attorney’s Office. "Therefore, while Plaintiffs stuff their papers with speculations and imaginings of possible harms that could be visited upon them by NASSAU, they fail to identify any concrete examples of same that have actually occurred since the MTA was enacted, likely because Plaintiffs are expressly exempt under the law." 

The mask ban makes it a misdemeanor — punishable by up to a $1,000 fine and/or a year in jail — for anyone wearing a mask or any facial covering to hide their identity while in public places. The measure exempts people who wear masks for health, safety, "religious or cultural purposes, or for the peaceful celebration of a holiday or similar religious or cultural event for which masks or facial coverings are customarily worn."

Neither party could be reached for comment. 

The Nassau County Police Department made its first mask ban arrest last month when it charged Wesslin Omar Ramirez Castillo, 18, of Hicksville, with violating the ban and other charges after someone called police to report him walking down a Levittown street wearing a black ski mask. Police said they found a 14-inch knife in his waistband, and Ramirez Castillo told police he had the knife and mask "to rob someone," authorities said.

In arguing to keep the mask ban intact, the county argued in its memo: "There is a strong public interest in favor of enforcing the [Mask Transparency Act] as it is intended as a crime prevention measure introduced to better protect NASSAU’s public."