Surpassing:New York county signs controversial mask ban meant to hide people's identities in public

A controversial ban on Surpassingwearing face coverings in public spaces was enacted Wednesday in New York's suburban Nassau County, a move quickly criticized by civil rights advocates and state officials as violating free speech rights.

During a news conference early Wednesday, Nassau County Executive Bruce Blakeman signed the ban, which is the first of its kind in the U.S., which criminalizes the wearing of face masks to hide identities in public spaces except in cases of medical, religious, or cultural purposes. Supporters of the ban have called it a public safety measure, targeting people who commit crimes while wearing a mask to hide their identity.

Those who violate the law face a misdemeanor that can be punished with up to one year in prison and a $1,000 fine.

"This is a broad public safety measure," Blakeman said at Wednesday's news conference. "What we've seen is people using masks to shoplift, to carjack, to rob banks, and this is activity that we want to stop."

But civil rights advocates and state officials said the law infringes on free speech rights and expressed concerns over potential consequences of the ban, including safety risks for protestors and health risks for local communities.

"Masks protect people who express political opinions that are controversial. Officials should be supporting New Yorkers' right to voice their views, not fueling widespread doxxing and threatening arrests," Susan Gottehrer, Nassau County Regional Director of the New York Civil Liberties Union, said in a statement.

"Masks also protect people’s health, especially at a time of rising COVID rates, and make it possible for people with elevated risk to participate in public life," Gottehrer added. "We should be helping people make the right choice for themselves and their loved ones — not letting the government exile vulnerable people from society."

What is the Mask Transparency Act?

The Mask Transparency Act was approved earlier this month by the Republican-controlled Nassau County with all 12 Republicans in the county legislature voting in its favor and seven Democrats abstaining. Republican legislator Mazi Melesa Pilip introduced the bill after concerns grew over alleged antisemitic incidents committed at protests across the country.

The U.S. saw months of protests against the Israel-Hamas war, including a wave of demonstrations across college campuses that sparked widespread scrutiny over police response. The country has also seen a spike in hate crimes — including Islamophobia, anti-Muslim, and antisemitic incidents — since the start of the war last year.

Lawmakers in Nassau County have said the measure aims to prevent protesters who engage in alleged violence and antisemitism from hiding their identity, according to Reuters.

"This legislature finds that masks and facial coverings that are not worn for health and safety concerns or for religious or celebratory purposes are often used as a predicate to harassing, menacing or criminal behavior," the bill states.

The bill allows law enforcement to enforce the removal of face coverings during traffic stops or "when the officer has reasonable suspicion of criminal activity and/or intention to partake in criminal activity."

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Mask ban faces backlash from civil rights advocates, state officials

The New York Civil Liberties Union said the ban is an attack on free speech and called the ban's exceptions "inadequate." The civil rights organization added that mask bans have been recently used nationwide to target pro-Palestinian protestors.

"Masks protect people who express political opinions that are unpopular. Making anonymous protest illegal chills political action and is ripe for selective enforcement," Gottehrer said in a statement earlier this month.

After Nassau County legislators approved the mask ban on August 5, other civil rights groups and state officials also pushed back on the law. The New York chapter of the Council on American-Islamic Relations condemned the law, saying it "paves the way for political censorship."

Earlier this month, New York state Sen. Iwen Chu posted a statement on X and argued that the ban "may lead to anti-Asian hate and discrimination" against those who wear masks for health, cultural, and religious reasons.

"Wearing masks is also a common practice in many Asian cultures, especially in the aftermath of health crises such as SARS and COVID-19," Chu said. "Many Asians over the world have adopted this mask culture and sense of public safety as a societal responsibility to prevent health crises from spreading."

Gottehrer also noted that the ban puts residents' health at risk, adding that there has been an uptick in COVID-19 cases across Long Island over the summer.

"With COVID-19 on the rise across Long Island, face coverings are critical to protecting the health of an individual, their family, and their community," Gottehrer said. "Nassau County police officers are not health professionals or religious experts capable of deciding who needs a mask and who doesn’t."

Contributing: Alexandra Rivera, Rockland/Westchester Journal News; Reuters