A incapacity rights group filed a federal class motion lawsuit on Thursday towards a suburban New York county, alleging that its ban on carrying face masks in public violates the U.S. Structure and discriminates towards folks with disabilities.
Earlier this month, Nassau County enacted what’s believed to be the primary face masks ban within the nation for the reason that COVID-19 pandemic. The regulation, referred to as the Masks Transparency Act, makes it a misdemeanor offense for somebody to put on a masks or face overlaying to cover their id, with exceptions for well being or spiritual causes. Breaking the regulation is punishable by as much as a 12 months in jail and a $1,000 effective.
The lawsuit difficult the ban was filed by Incapacity Rights New York on behalf of individuals with disabilities, together with two nameless plaintiffs—one referred to as “S.S.,” a Nassau County resident who has “frequent variable immunodeficiency (CVID), kidney illness, post-viral syndrome, and respiratory impairments”; and one other referred to as “G.B.,” who’s a county resident with “cerebral palsy and bronchial asthma.”
“The Masks Ban discriminates towards folks with disabilities by depriving them of equal entry to public life in Nassau County in violation of the US Structure, the New York State Structure, the Individuals with Disabilities Act, and Part 504 of the Rehabilitation Act,” the grievance alleged.
The grievance alleged that one of many plaintiffs, S.S., has “obtained sneering seems from different members of the general public when they’re carrying a masks” and is “terrified” to put on a masks in public for the reason that regulation was enacted. The grievance alleged that the opposite plaintiff, G.B., “fears that individuals, together with the police, will strategy them as a result of they put on a facemask, and can make undesirable contact with them, harass them, discriminate towards them, and/or abuse them.”
Nassau County Govt Bruce Blakeman, who signed the invoice into regulation on Aug. 14 and was named as a defendant within the lawsuit alongside the county, mentioned in a press release to NBC Information that the county is “assured that the regulation will likely be upheld as there’s a presumption of constitutionality when the legislature acts, and this laws is cheap and accountable.”
All 12 Republicans within the county legislature voted in favor of the Masks Transparency Act, whereas the seven Democrats abstained from the vote. Legislators mentioned the brand new regulation was prompted by current protests towards the Israel-Hamas struggle. The regulation got here after New York Gov. Kathy Hochul mentioned she was contemplating banning face masks in June for New York Metropolis subway riders after “a gaggle donning masks took over a subway automotive, scaring riders and chanting issues about Hitler and wiping out Jews.” It was not clear what incident Hochul was referring to.
The regulation in Nassau County sparked controversy because the New York Civil Liberties Union and a few politicians condemned the ban. New York State Senator Iwen Chu mentioned in a submit on X earlier than the regulation was enacted that carrying masks is “a typical follow in lots of Asian cultures” and that type of laws “might result in anti-Asian hate and discrimination.”
