Lawmakers in Nassau County, a suburban area of New York, have approved a bill that bans wearing masks in public spaces. The Mask Transparency Act makes concealing one’s identity with a mask a misdemeanor offense punishable by up to one year in jail and a $1,000 fine. The bill’s proponents argue that it will help combat crime during protests.
The bill was introduced following a series of antisemitic incidents, often involving masked individuals, in the aftermath of the Israel-Hamas war. Legislator Howard Kopel highlighted these incidents during a public meeting on the mandate, stressing the need for this law.
However, the ruling does have exceptions. Individuals wearing masks for religious or health reasons are exempt from this ban. The bill states that masks and facial coverings unless worn for health, safety, religious, or celebratory purposes, can often be linked to harassing, menacing, or criminal behavior.
Local authorities have the right to demand that individuals remove their masks during a traffic stop or when there is reasonable suspicion of criminal activity.
Opponents of the bill argue that it threatens the right to protest anonymously and could lead to retaliation. With the rise of COVID-19 cases, there is also a concern that this ban could pose a health risk. Susan Gottehrer, the regional director of the New York Civil Liberties Union, stated that the ban is a dangerous misuse of the law aimed at targeting protestors. She added that making anonymous protests illegal could lead to selective enforcement, doxxing, surveillance, and retaliation against protesters.
The bill, approved this week, had a split decision among local leaders, with 12 Republicans supporting it and seven Democrats opposing it. It is now headed to Nassau County Executive Bruce Blakeman’s desk for signing. Blakeman has expressed his support for the bill, stating that unless someone has a medical condition or a religious reason, they should not be allowed to cover their face in public in a way that hides their identity.
With COVID-19 cases on the rise, the CDC has reported over a 16% increase in cases between the end of July and the start of August. Gottehrer warns that this mask ban could endanger residents’ health, as face coverings are critical to protecting individual and community health. She also pointed out that police officers are not health professionals or religious experts who can decide who needs to wear a mask.
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In a related development, New York Gov. Kathy Hochul is also considering a mask ban on New York City Transit, with support from NYC Mayor Eric Adams. Hochul emphasized that people should not be able to hide behind a mask on the subway to commit crimes.
