A incapacity rights group has sued to dam the Nassau County, New York, masks ban that prohibits face coverings in public apart from well being and spiritual causes, with the lawsuit arguing the ban is unconstitutional and discriminates in opposition to folks with disabilities.
The Incapacity Rights of New York filed a federal class motion lawsuit Thursday on behalf of individuals with disabilities, in search of a brief restraining order and preliminary injunction to instantly cease enforcement of the county’s Masks Transparency Act, in response to The Related Press.
The Republican-controlled Nassau County Legislature handed the invoice on Aug. 5, and it was signed into regulation on Aug. 14.
“This mask ban poses a direct threat to public health and discriminates against people with disabilities,” the incapacity rights group’s government director Timothy A. Clune mentioned in a press release.
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The lawsuit lists two plaintiffs with numerous well being situations and who put on medical-grade face masks to guard themselves. The plaintiffs say they’re now terrified of harassment and potential arrest because of the new masks ban.
“While in public and private places, strangers have come up to G.B. since August 5, 2024, to ask them if they are sick, if they are healthy or not, and to ask why they are wearing a facemask,” in response to the lawsuit, referring to one of many plaintiffs by their initials.
The lawsuit mentioned G.B. has been identified with cerebral palsy and bronchial asthma and wishes a wheelchair to maneuver round.
“G.B. fears that they will be arrested just for wearing a facemask for their health because there is no standard for the police to follow to decide if they meet the health exception or not,” the lawsuit mentioned. “G.B. is also concerned that they will be harassed, discriminated against, or even assaulted by people, including business owners and employees, in Nassau County for just going about their day with a mask on.”
Republican Nassau County Govt Bruce Blakeman, who signed the invoice into regulation, mentioned county officers are “confident that the law will be upheld as there is a presumption of constitutionality when the legislature acts, and this legislation is reasonable and responsible.”
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Legislator Howard Kopel mentioned lawmakers sought to approve the ban in response to “antisemitic incidents, often perpetrated by those in masks” amid anti-Israel demonstrations seen on school campuses within the aftermath of Hamas’ Oct. 7 assault in opposition to Israel that began the continued struggle in Gaza.
The regulation makes it a misdemeanor punishable by as much as a yr in jail and a $1,000 nice for anybody in Nassau County to put on a face overlaying to cover their id in public, with exemptions for individuals who put on 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.”
Blakeman has mentioned protesters sporting masks have been the explanation for the ban, however that the brand new regulation can be a option to fight on a regular basis crime.
“This is a broad public safety measure,” Blakeman mentioned at a information convention. “What we’ve seen is people using masks to shoplift, to carjack, to rob banks, and this is activity we want to stop.”
The Related Press contributed to this report.