Federal judge dismisses lawsuit over Nassau mask ban law
Nassau County Executive Bruce Blakeman signs a bill making wearing a face mask to conceal one's identity in public a misdemeanor with a possible $1,000 fine. A federal judge on Wednesday ruled the law was not unconstitutional. Credit: Newsday/Howard Schnapp
A federal judge has dismissed a class-action lawsuit filed by Nassau residents seeking an end to the county’s ban on face masks worn in public.
U.S. District Judge Joan Azrack ruled Wednesday that the plaintiffs, a pair of disabled county residents, failed to demonstrate how they are harmed by a law that provides exemptions for individuals who wear masks for health and safety.
"Plaintiffs wear masks to protect themselves from illness," Azrack wrote in her decision. "That is expressly excluded from the [Mask Transparency Act’s] reach by its health and safety exception."
Azrack also found legally insufficient the plaintiffs’ arguments that the law could be misapplied by law enforcement or that mask-wearers would be denied equal access to public life and subjected to harassment. The judge noted the law only criminalizes masks worn to conceal a person’s identity.
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.
Republicans, holding a 12-7 majority in the county 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. County Executive Bruce Blakeman signed the bill Aug. 14.
The complaint was filed last month by the Albany area advocacy group Disability Rights New York, which argued the ban posed a direct threat to public health and discriminates against people with disabilities. A spokesperson with DRNY did not immediately respond to a request for comment Wednesday. It was unclear if the group planned to appeal.
County officials could also not be immediately reached for comment on the decision Wednesday.
One complainant, identified only as "S.S." in the lawsuit, claimed to have a weakened immune system, 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. The other complainant, identified only as "G.B.," said they have 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.
Azrack sided with the Nassau County Attorney’s Office, which argued in a response to the complaint the residents who filed suit lacked the legal standing to bring a claim against the county because they had not suffered any discrimination as a result of the law. The county also said the law was not at odds with the Americans with Disabilities Act, "which is silent on the subject of masks."
Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.
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