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In a class action lawsuit filed in the Eastern District of New York on Thursday, Aug. 22, Disability Rights of New York argued that Nassau County’s law barring face coverings in public violates federal law and discriminates against people with disabilities.
The filing came a little more than a week after Nassau County Executive Bruce Blakeman, a Republican, signed the “Mask Transparency Act,” making it a misdemeanor to wear a face mask in public spaces.
It grants exceptions for health or religious reasons, though that distinction will be determined by Nassau County Police. Violators could face up to a $1,000 fine and/or a year in jail.
The federal lawsuit was brought on behalf of two Nassau County residents, one of whom suffers from cerebral palsy and asthma. They claim the ban makes them afraid of possible interactions with police and harassment from strangers.
“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,” reads the complaint.
“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.”
The complaint goes on to claim that the plaintiffs will endure “great stress and fear when they go out into the community.”
“This mask ban poses a direct threat to public health and discriminates against people with disabilities.” said Timothy A. Clune, executive director of Disability Rights of New York.
The organization is asking a federal judge for a temporary restraining order and preliminary injunction to halt enforcement of the ban.
In a statement to NBC News, Blakeman said he was confident the bill would withstand legal challenge “as there is a presumption of constitutionality when the legislature acts, and this legislature is reasonable and responsible.”
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