Federal lawsuit challenges public face covering ban in Nassau County, New York
On Thursday, a New York City suburb that prohibited individuals to wear masks in public spaces was taken to a federal court after it claimed the law behove the Americans with Disabilities Act and exposes health compromised individuals to ridicule.
It involved the Nassau County, the New York suburban residential locality situated immediately adjacent to New York city with a population of 990000. 4 million residents, last week made it legal to officially ban people from wearing face coverings in public areas regarded as the first of its kind in the country.
”The Mask Ban as mentioned … denies people with disabilities equal opportunity in making use of goods and services in Nassau County in violation of the United States Constitution as well as the New York State Constitution, Americans with Disabilities Act, and Section 504 of the Rehabilitation Act,” the complaint said.
The statute provides exceptions for health and religion and plaintiffs even quoted the ban's clear carve outs: ”This law shall not include the use of facial coverings intended to promote the health and safety of the wearer, for religious or cultural beliefs. ”
Still, the statute imposes an unfair burden on those with health vulnerabilities in Nassau County and others who don’t have to justify why they wear a mask outdoors, the class action lawsuit claim states.
They filed what they call a complaint with two anonymous individuals — “S. S. ” with “common variable immunodeficiency (CVID), kidney disease, post-viral syndrome, and respiratory impairments” and “G. B. , ” a county resident who has cerebral palsy and asthma.
‘G. B. stated that, in this aspect, the reason being that, every time they put on a face mask, people including the police will approach them, and make unwanted contact with them, harassing and discriminating G. B. , and abusing them,’ the said complainant mentioned.
Nassau County’s mask ban law makes G. B. stressed and fearful when they take their outings within the community mainly because they are afraid of interacting with the police and will not remove their face mask if they are asked to do so since they are a sick individual.
S. S. often patronizes T. J. Maxx and the Roosevelt Field Shopping Center and has normal doctor’s check-ups across Nassau County.
“In the last few weeks, an S. S has been given scornful stares from other members of the public when they are in a mask as provided by the defendant,” the complaint states.
The lawsuit will therefore be against the Nassau County and the County Executive Bruce Blakeman.
Said Blakeman: ‘We are satisfied, for example that the law will stand since there is a presumption of constitutionality when the legislature acts and since this legislation is reasonable and responsible’.
Masks are used in the USA on a daily basis in 2020/2021 due to Covid-19 that swept across the country before the vaccine was produced.
Outdoor or public place mask policies set out from local, state, federal authorities have significantly decreased over the past years.