Nassau County Legislature passes mask ban, with exemption for health

Nassau lawmakers on Monday approved a bill making it a misdemeanor — punishable by up to $1,000 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." 

Republicans, holding a 12-7 majority in the legislature, say the bill is a necessary public safety measure. Democrats say they support the premise of the bill, but have concerns that the language would expose the county to civil-liberty lawsuits.

All 12 Republicans voted yes and all 7 Democrats abstained from the vote. Democrats unsuccessfully tried to table the bill, asking Republicans for more time to amend it.

Nassau County Executive Bruce Blakeman supports the bill and is expected to sign it.

"Unless someone has a medical condition or a religious imperative, people should not be allowed to cover their face in a manner that hides their identity when in public," he said in a statement after the legislature's vote.

Dozens of public speakers both for and against the mask bill packed the legislative chambers. Supporters said it would keep protesters who commit acts of harassment or violence from evading accountability. Detractors said it would infringe on the health privacy laws of people with disabilities and runs the risk of being unevenly applied in communities of color. 

In testimony to legislators on Monday, Nassau County Police Commissioner Patrick Ryder said officers would know the difference between someone wearing a mask for criminal reasons and for medical or religious purposes.

"We are not going to just arrest someone for wearing a mask. We are going to go up to the person and talk to them and find out," Ryder said. 

Legis. Mazi Pilip (R-Great Neck) said she proposed the Mask Transparency Act because of the rise in antisemitic incidents since the beginning of the war in Gaza. Her bill cleared two committees on July 15, with all Republicans voting in favor and all Democrats abstaining from that vote, too. 

Democrats on Monday wrote their own bill and filed emergency legislation because the changes discussed with the Republican caucus during committee meetings were not incorporated into the bill presented for the full legislative vote. Their bill was not on the agenda. 

Legis. Arnold Drucker (D-Plainview) said before the vote that the bill "overstepped and could be detrimental to First Amendment rights."

The only scheduled August meeting of the 19-member, full legislature drew hundreds of public speakers on the mask bill and a separate item that would grant a 42-year lease to Las Vegas Sands, the Nevada-based corporation hoping to build a $6 billion casino-resort on the site of the Nassau Coliseum. 

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.