Disability rights NGO challenges Gaza protest NY county mask ban with lawsuit

Disability Rights New York (DRNY) challenged Nassau County’s Gaza protest mask ban by filing a class action lawsuit on Thursday, according to the group.

The disability rights group asked the federal New York Eastern District Court for a temporary injunction and restraining order to stop the enforcement of the county’s Mask Transparency Act.

The mask ban, passed by the Nassau County legislature on August 5 and signed into law by the county executive on August 14, prohibited wearing masks for identity concealment in public or private locations without a proprietor’s consent, except if worn for religious or health reasons. The law’s provisions apply in cases in which a masked person is congregating in public sites with other disguised individuals, engaged in physical or threatening behavior, or was engaged in criminal activity.

The plaintiffs, Nassau County residents who are immunocompromised or afflicted with serious health issues, argued that the law infringed on their right to peacefully protest. The filing contended that the plaintiffs wore medical masks to protect themselves in public and could not attend demonstrations without them. The class action was taken on behalf of all individuals in the county who wore masks due to health problems.

Another concern for the plaintiffs was arrest or questioning by police because they wore masks and would not remove their masks out of health concerns. They also feared harassment and discrimination by fellow residents. One plaintiff expressed worry over an August 9 email allegedly circulated by legislator Scott Strauss that referred to a person wearing a medical mask as a “faceless thug.”

The filing contended that the process in which the law had been passed had been unfair, with pro-ban speakers allowed to run overtime during public comment, while anti-ban speakers were threatened with removal from the room for the same action and were harassed by observers in the gallery.

DRNY said that their letters describing their concern and requesting meetings had been ignored by the county.

In response to the widespread use of masks by anti-Israel protesters

The Nassau County ban came in response to the widespread use of masks to conceal the identities of anti-Israel protesters, who have been intensely protesting the Israel-Hamas War since October 7.

In New York, considerations of mask bans rose to public awareness when New York Governor Kathy Hochul said in June that she was considering such a ban on the state’s subways following a series of antisemitic and anti-Israel incidents in New York City. Bills were introduced at the New York State Assembly in mid-June.

To the chagrin of American anti-Israel activists, mask bans had advanced in other states. The North Carolina State Legislature passed a bill enhancing restrictions and punishments for criminals seeking to conceal their identity.

In May, a Chicago alderman proposed an ordinance penalizing masked criminals, and Los Angeles Mayor Karen Bass publicly considered the idea of a mask ban after the Pico-Robertson synagogue riot.