New York county signs first mask ban into US law, sparking controversy

Nassau county in New York implemented a controversial ban on wearing face coverings in public on Wednesday, in a move criticized by state politicians and civil rights advocates.

The Mask Transparency Act, signed into law by Bruce Blakeman, the Republican county executive, makes it a misdemeanor for anyone to wear a facial covering to hide their identity in public. People who defy the law could be sentenced to up to a year in jail and a $1,000 fine, although there are some exemptions for health or religious reasons.

Opponents of the bill have described it as “a dangerous misuse of the law to score political points and target protesters”, given it was introduced in response to protests against Israel’s war on Gaza , while one New York state senator warned that it “could lead to anti-Asian hate”.

Blakeman, a controversial Trump supporter who in a recent post on X said the “Democrat[ic] Party is a hot bed for Jew Hate, pro-criminal policies and anti-Americanism!,” said the ban is a “bill that protects the public”, NBC News reported. The politician criticized pro-Palestinian protests at Columbia University in New York City, and claimed the ban would reduce crime, but others disagree.

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“Nassau county’s mask ban is a dangerous misuse of the law to score political points and target protesters. Barring people who speak out from protecting themselves and their identities puts their health and wellbeing in danger, particularly people with disabilities, people of color, and those with unpopular views,” Susan Gottehrer, the regional director of the Nassau county New York Civil Liberties Union (NYCLU), said after the bill was passed.

“Masks protect people who express political opinions that are unpopular. Making anonymous protest illegal chills political action and is ripe for selective enforcement, leading to doxxing, surveillance and retaliation against protesters.”

A “know your rights” information bulletin from the NYCLU said: “This comes as Covid-19 continues to surge.”

It added that the language of the county’s ban “is vague and does not differentiate between medical masks like N95s, KN95s and surgical masks, and other types of masks or ‘facial coverings’ including niqabs, burqas, wrapping a scarf or bandana around your face, and costume masks”.

The NYCLU said that the police in the county need to have “reasonable suspicion” of something crime-related to stop someone wearing a mask.

The new legislation explains that the law “ shall not apply to facial coverings worn to protect the health or safety of the wearer, for religious or cultural purposes, or for the peaceful celebration of a holiday or similar religious or cultural event for which the wearing of masks or facial coverings are customarily worn”.

However, the NYCLU said that does not apply to those who wear a mask “solely to protect others”, such as when being around someone in public with compromised immunity or trying to prevent others catching a cold or flu from the mask-wearer.

In a statement , Iwen Chu, a New York state senator, said wearing masks is “a common practice in many Asian cultures” which some have adopted “as a societal responsibility to prevent health crises from spreading”.

Chu added: “I am concerned about the possibility of bias and hate crimes stemming from this new mask prohibiting legislation. Legislation like this may lead to anti-Asian hate and discrimination towards the mask-needed population due to health, culture, religious reasons.”

The bill was introduced by Mazi Pilip, a Republican legislator who ran unsuccessfully for Congress earlier this year. Pilip claimed “terrorist supporters around the country and especially in New York are hiding behind the mask and terrorizing the Jewish community”.

The bill was passed by the Republican-controlled Nassau county legislature on 6 August. Howard Kopel, a Republican legislator who voted for the bill, said the measure was introduced in response to “antisemitic incidents, often perpetrated by those in masks” since Israel began its war on Gaza.

In June, Kathy Hochul, the governor of New York, was reportedly considering imposing a ban on masks on the New York City subway system.