A New York City suburb’s ban against public mask wearing was challenged in federal court on Thursday, alleging the law violates the Americans with Disabilities Act and needlessly opens health compromised individuals for ridicule.
Nassau County, the bedroom community just east of New York City with nearly 1.4 million residents, last week officially banned wearing face coverings in public in what’s believed to be the nation’s first such prohibition.
“The Mask Ban discriminates against people with disabilities by depriving them of equal access to public life in Nassau County in violation of the United States Constitution, the New York State Constitution, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act,” according to the complaint.
The statute provides exceptions for health and religion and plaintiffs even quoted the ban’s clear carve outs: “This law shall not apply to facial coverings worn to protect the health and safety of the wearer, for religious or cultural purposes.”
But the statute puts an undue burden on health-compromised Nassau County residents who shouldn’t have to explain why they’re wearing a mask outside, according to the class action complaint.
The complaint lists two anonymous plaintiffs — “S.S.” who has “common variable immunodeficiency (CVID), kidney disease, post-viral syndrome, and respiratory impairments” and “G.B.,” a county resident with “cerebral palsy and asthma.”
“G.B. fears that people, including the police, will approach them because they wear a face mask, and will make unwanted contact with them, harass them, discriminate against them, and/or abuse them,” the complaint said.
“The mask ban law in Nassau County causes G.B. great stress and fear when they go out into the community. G.B. is afraid of interactions they may have with the police, because they will not remove their face mask if asked due to concerns about their health.”
S.S. is a frequent shopper at T.J. Maxx and the Roosevelt Field Shopping Center and has regular medical appointments around Nassau County.
“Within the past few weeks, S.S. has received sneering looks from other members of the public when they are wearing a mask,” according to the complaint.
The lawsuit names Nassau County and County Executive Bruce Blakeman as defendants.
“We are confident that the law will be upheld as there is a presumption of constitutionality when the legislature acts, and this legislation is reasonable and responsible,” Blakeman said in a statement to NBC News on Friday.
Wearing masks became an everyday act of U.S. life in 2020 and 2021, as Covid-19 tore through the U.S. before a vaccine was developed.
Local, state and federal mandates to wear masks in outdoor or public settings have all but vanished over the past few years.
Madelyn Urabe contributed.
