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Lawmakers in a suburban New York county approved a bill to ban masks in public spaces, saying concealing your identity is a misdemeanor offense punishable by up to a year of jail time and a $1,000 fine.
Proponents of the Mask Transparency Act in Nassau County, Long Island, say the ban will combat crime during protests.
It was introduced in response to “antisemitic incidents, often perpetrated by those in masks” in the wake of the Israel-Hamas war, Legislator Howard Kopel said during a public meeting on the mandate this week.
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Protesters march in Freeport, NY, June 07, 2020. George Floyd’s death, the most recent in a series of deaths of African Americans by the police, has set off days and nights of protests across the country.
Al Bello/Getty Images
The ruling does have exceptions, however, with individuals wearing face coverings for religious or health reasons being exempt.
“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,” according to the bill.
The bill gives local authorities the right to demand individuals remove their masks during a traffic stop or “when the officer has reasonable suspicion of criminal activity and/or intention to partake in criminal activity.”
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Members of the the Muslim community of Nassau County gather for a rally in support of Palestine and to protest the Israeli bombardment of Gaza in Mineola, NY, Oct. 15, 2023.
Andrew Lichtenstein/Corbis via Getty Images
Those opposing the bill say it threatens protesters from expressing their views anonymously and could lead to retaliation, as well as posing a health risk with COVID-19 on the rise across the country.
“Nassau County’s mask ban is a dangerous misuse of the law to score political points and target protestors,” Susan Gottehrer, regional director of the New York Civil Liberties Union, said in a statement.
“Making anonymous protest illegal chills political action and is ripe for selective enforcement, leading to doxxing, surveillance and retaliation against protesters,” Gottehrer said.
The Mask Transparency Act, approved this week, saw a split decision between local leaders with 12 Republicans supporting the legislation and seven Democrats opposing it.
The bill is headed to Nassau County Executive Bruce Blakeman’s desk to sign into effect.
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Protesters gather in Washington Square Park and march towards Times Square to call for justice in the police killing of 36-year-old Sonya Massey, New York City, July 25, 2024.
Selcuk Acar/Anadolu via Getty Images
“Unless someone has a medical condition or a religious imperative, people should not be allowed to cover their face in a manner that hides their identity when in public,” Blakeman said Monday after the vote.
Positive cases of COVID-19 are on the rise in the U.S., with the CDC reporting over a 16% increase in cases between the end of July and the start of August.
Gottehrer warns that this mask ban could endanger the health and even lives of residents, saying, “face coverings are critical to protecting the health of an individual, their family, and their community.”
“Nassau County police officers are not health professionals or religious experts capable of deciding who needs a mask and who doesn’t,” Gottehrer added.
New York Gov. Kathy Hochul has also considered a mask ban on New York City Transit with support from NYC Mayor Eric Adams.
“On a subway, people should not be able to hide behind a mask to commit crimes,” Hochul said.