Lawmakers advance bill limiting mask usage in Nassau County, set fine for up to $1,000

Nassau lawmakers on Monday advanced a bill that would make it a misdemeanor punishable up to $1,000 for anyone wearing a mask or any facial covering to hide their identity while in public places in the county.  

Republican legislators on the Public Safety and Rules committees voted in favor, while Democrats abstained, citing concerns over enforcement. They also sought more clarity on how police would identify the criminal intent of a person wearing a mask in public.

The proposal specifically targets people who wear facial coverings to intentionally conceal their identity and would exempt 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 bill would undo in Nassau a pandemic-era health exemption issued by former Gov. Andrew Cuomo in 2020 that was intended to prevent the spread of the COVID-19 virus. The state repealed a nearly two-century-old statute that had made it a criminal violation for groups of individuals to wear masks in public.

Gov. Kathy Hochul last month said she would discuss with state legislators banning masks on the New York City subways after a spate of harassing incidents. The plan got pushback from disability advocates and civil liberties groups. 

In introducing Nassau's "Mask Transparency Act," lead sponsor Legis. Mazi Melesa Pilip (R-Great Neck) noted masks and face coverings worn by protesters to the war in Gaza as well as recent incidents of antisemitic harassment. 

She said a "common thread" of those involved in acts of harassment against Jewish people after the Oct. 7 attack on Israel is that they "hid behind masks." 

"Beyond the violent and harassing behavior we are seeing after Oct. 7, we are also seeing situations of individuals using masks to hide their identity as they commit other crimes and acts of violence, like stealing packages from doorways or dealing drugs or shoplifting," Pilip said. 

A hearing on the bill is scheduled for the next meeting of the full, 19-member legislature on Aug. 5.

It is likely to pass as Republicans hold a 12-7 majority on the county legislature. The bill is co-sponsored by the entire GOP caucus. 

Legis. Siela Bynoe (D-Westbury) asked: "How will police officers incorporate this into their training?"

Bynoe said she was concerned about police targeting anyone who they believe might be acting suspicious but not doing anything wrong.

"This is not tied to an actionable, enforceable criminal act," Bynoe said.  

Minority Leader Delia DeRiggi-Whitton (D-Glen Cove) said she would like for Nassau County Police Commissioner Patrick Ryder and a representative from the county attorney's office to testify at the hearing on Aug. 5. 

County Executive Bruce Blakeman did not respond to questions on whether he would sign the bill into law.

Members of the public who opposed the mask bill said they believed it was an example of government overreach and an invasion of privacy to have to prove they have a health problem.  

Angelique Corthals, a biomedical researcher and associate professor at John Jay College of Criminal Justice, told legislators: "Making masking illegal is extremely shortsighted." 

"Banning masks is actually not an efficient crime-fighting tool. A health-related mask does not conceal identity as opposed to sunglasses which can conceal identity more," Corthals said. 

The meeting came the same day that Blakeman signed a measure that bans transgender females from participating at all-female sports games on county facilities. The New York Civil Liberties Union and State Attorney General Letitia James immediately sued over its constitutionality.

By Candice Ferrette

candice.ferrette@newsday.comcandiceferrette

Candice Ferrette covers Nassau County government and politics on Long Island. She has been a reporter at Newsday since 2011.