Lawsuit challenges masks ban in New York’s Nassau County, claims it discriminates towards disabled individuals

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A incapacity rights group has sued to dam the Nassau County, New York, masks ban that prohibits face coverings in public aside from well being and non secular causes, with the lawsuit arguing the ban is unconstitutional and discriminates towards individuals 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 keeping with The Related Press.

The Republican-controlled Nassau County Legislature handed the invoice on Aug. 5, and it was signed into regulation on Aug. 14.

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“This masks ban poses a direct menace to public well being and discriminates towards individuals with disabilities,” the incapacity rights group’s govt director Timothy A. Clune stated in an announcement.

NASSAU COUNTY BANS MASKS IN PUBLIC TO CURB VIOLENT CRIME, PROTESTS

A incapacity rights group has sued to dam the Nassau County, New York, masks ban that prohibits face coverings in public aside from well being and non secular causes. (Getty Pictures)

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 afraid of harassment and potential arrest as a result of new masks ban.

“Whereas in private and non-private locations, strangers have come as much as G.B. since August 5, 2024, to ask them if they’re sick, if they’re wholesome or not, and to ask why they’re carrying a facemask,” in keeping with the lawsuit, referring to one of many plaintiffs by their initials.

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The lawsuit stated G.B. has been recognized with cerebral palsy and bronchial asthma and desires a wheelchair to maneuver round.

“G.B. fears that they are going to be arrested only for carrying a facemask for his or her well being as a result of there is no such thing as a customary for the police to comply with to determine in the event that they meet the well being exception or not,” the lawsuit stated. “G.B. can also be involved that they are going to be harassed, discriminated towards, and even assaulted by individuals, together with enterprise homeowners and workers, in Nassau County for simply going about their day with a masks on.”

Republican Nassau County Government Bruce Blakeman, who signed the invoice into regulation, stated county officers are “assured that the regulation might be upheld as there’s a presumption of constitutionality when the legislature acts, and this laws is affordable and accountable.”

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NEW YORK COUNTY PASSES FACE MASK BAN

The Republican-controlled Nassau County Legislature handed the invoice on Aug. 5, and it was signed into regulation on Aug. 14. (Getty Pictures)

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Legislator Howard Kopel stated lawmakers sought to approve the ban in response to “antisemitic incidents, typically perpetrated by these in masks” amid anti-Israel demonstrations seen on faculty campuses within the aftermath of Hamas’ Oct. 7 assault towards Israel that began the continuing conflict in Gaza.

The regulation makes it a misdemeanor punishable by as much as a yr in jail and a $1,000 wonderful 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 well being, security, non secular or cultural functions, or for the peaceable celebration of a vacation or comparable non secular or cultural occasion for which masks or facial coverings are usually worn.”

Blakeman has stated protesters carrying masks have been the explanation for the ban, however that the brand new regulation can also be a approach to fight on a regular basis crime.

“This can be a broad public security measure,” Blakeman stated at a information convention. “What we’ve seen is individuals utilizing masks to shoplift, to carjack, to rob banks, and that is exercise we need to cease.”

The Related Press contributed to this report.

Lawsuit challenges masks ban in New York’s Nassau County, claims it discriminates towards disabled individuals

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