Lawsuit challenging Nassau's mask ban filed in federal court

Two Nassau residents have filed a federal class-action lawsuit alleging the county’s mask ban discriminates against people with disabilities by depriving them of equal access to public life, court records show.

The complaint, filed in Eastern District Court in Central Islip on Thursday by the Albany area advocacy group Disability Rights New York, names Nassau County and Nassau County Executive Bruce Blakeman as defendants.

It alleges the mask ban violates the Americans with Disabilities Act, and seeks for the court to declare the ban unconstitutional and order Nassau County to end it.

"This mask ban poses a direct threat to public health and discriminates against people with disabilities," DRNY executive director Timothy A. Clune said in a statement.

The organization, which is also seeking an injunction and temporary restraining order staying the ban, also says it will limit services available for people who wear masks in public due to a disability. 

Blakeman spokesperson Chris Boyle acknowledged receiving a request for comment from Newsday, but offered no immediate statement.

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.

Supporters said it would keep individuals who commit acts of harassment or violence from evading accountability. 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."

The lawsuit filed Thursday seeks to establish a certified class of people who wear masks due to a disability, but states doing so would be "impracticable" due to the size of such a class of people.

The initial plaintiffs in the class action, both of whom have long-term disabilities, have filed the suit anonymously.

One complainant, identified only as S.S. in the lawsuit, has a weakened immune system and has dealt with kidney and respiratory illnesses related to viruses contracted more than 20 years ago, according to the complaint. They began wearing a mask before the COVID-19 pandemic, their attorneys allege.

"Within the past few weeks, S.S. has received sneering looks from other members of the public when they are wearing a mask," the lawsuit states. "S.S. is terrified to go into public wearing a mask since the Mask Ban was signed into law."

The other complainant, identified only as G.B., has cerebral palsy and asthma and uses a wheelchair to get around in public. They began wearing a mask at the start of the pandemic, according to the complaint.

"G.B. has many friends who have a higher risk of serious medical complications, including death, if they become infected with viral illnesses because they have disabilities," the lawsuit reads. "G.B. often wears face masks around their friends to protect their health because they want to prevent any inadvertent spread of germs or illness ... [and] wears a face mask when they go in public."

The complaint also alleges unfair treatment of county residents who opposed the mask ban during a public hearing before the Nassau County Legislature, saying supporters of the legislation were given an opportunity to speak first and that comments by those who did not were time-regulated. One protester of the bill, known as the Mask Transparency Act, was arrested after they stood up during another person’s testimony at the hearing and was later charged with second-degree assault, resisting arrest and obstructing governmental administration, the suit alleges.

"People wearing masks were harassed by members of the public sitting in the gallery," the complaint says of the hearing. "Non-masked people coughed on, yelled at, and threatened people wearing masks." 

Republicans, holding a 12-7 majority in the legislature, said the bill is a necessary public safety measure. Democrats say they support the premise of the bill, but had concerns the language would expose the county to civil-liberty lawsuits. All 12 Republicans voted yes and all seven Democrats abstained from the Aug. 5 vote.