Lawsuit challenging Nassau County mask ban dismissed

A federal judge has dismissed a class-action lawsuit challenging a controversial Nassau County law that bans wearing face masks in public.

The lawsuit, filed last month by the advocacy group Disability Rights New York (DRNY) on behalf of two individuals with disabilities, argued that the Mask Transparency Act, or MTA, was discriminatory, unconstitutional, and violated both the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

“This mask ban poses a direct threat to public health and discriminates against people with disabilities, ” Timothy A. Clune, DRNY executive director, said late last month when announcing the lawsuit, which sought a restraining order to “immediately stop the enforcement” of the ban.

The law, which was signed into law on Aug. 14, makes wearing a face covering in public, except for health and religious reasons, a misdemeanor punishable by up to a $1,000 fine and/or a year in jail

On Aug. 27, an 18-year-old Latino man became the first person to be charged under the new law.

According to the complaint, plaintiffs are concerned 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.”

But on Wednesday, a judge ruled the plaintiffs failed to show they have legal standing to sue, citing the law’s exemptions for health reasons.

“Plaintiffs wear masks to protect themselves from illness,” U.S. District Judge Joan Azrack wrote. “That is expressly excluded from the MTA’s reach by its health and safety exception.”

It’s unclear if DRNY plans to appeal. A spokesperson for the group didn’t immediately respond to a request for comment Thursday morning.

With News Wire Services