Post by Nadica (She/Her) on Aug 14, 2024 23:39:25 GMT
Your Rights to Wear a Mask in Public in Nassau County - Published Aug 14, 2024
Follow the link to help or take action!
Politicians across the country, including Governor Kathy Hochul and Mayor Eric Adams, have voiced support for enacting mask bans under the guise of stopping crime. On Long Island, Nassau County has already enacted a broad, overreaching mask ban. This comes as COVID-19 continues to surge and protestors face continued, unrelenting doxxing and targeted surveillance.
Here’s what you need to know.
Are there mask bans currently in effect in New York State?
Nassau County’s “Mask Transparency Act” was signed into law on August 14, 2024 and went into effect immediately. Ballston Spa, a village near Albany, has passed its own mask ban targeting protestors. It remains legal to wear a mask or other face covering elsewhere in New York State.
Mayor Eric Adams and Governor Kathy Hochul have both publicly expressed support for enacting mask bans, and New York Assemblymember Jeffrey Dinowitz introduced a statewide mask ban in May, but the bill has not yet proceeded through the legislature and is not in effect.
What types of face coverings or masks will be affected by this law?
Nassau County’s mask ban language 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.
What is the penalty if I am arrested for wearing a mask?
Violating Nassau County’s mask ban is considered a misdemeanor, and those arrested can be subject to a $1,000 fine, one year imprisonment, or both.
Is there an age restriction in the Nassau County mask ban?
No, a person wearing a mask or other face covering of any age, including children, can be charged with a violation of Nassau County’s mask ban.
Can I be stopped by a police officer just because I am wearing a mask?
In Nassau County, yes.
Officers are supposed to have “reasonable suspicion” that you are engaging in, or intend to engage in, criminal activity in order to stop you. However, Nassau may try to apply this broadly to include wearing a mask while driving, wearing a mask while gathering in a public place – such as a bus stop, block party, or protest – or knowingly allowing or helping people who are masked to gather in a public place.
Do I have to remove my face covering if an officer asks me to?
Police cannot force you to take off your mask unless you are stopped in a vehicle or they have reasonable suspicion that you are engaging in or intend to engage in a criminal activity in Nassau County.
Can I be arrested just for wearing a mask in Nassau?
Law enforcement officers need probable cause to arrest you – meaning they must have solid evidence based on objective circumstances that you have committed, are committing, or are about to commit a crime. However, Nassau’s broad bill language could allow police to interpret probable cause to include something as banal as wearing a mask while gathering in a public place – such as a bus stop, block party, or protest – or knowingly allowing or helping people who are masked to gather in a public place.
Are there exceptions for people wearing masks for health or religious purposes?
Yes. The Nassau legislation states that it:
“…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.”
The “health and safety” exception applies only to those who are masking to protect their own health and safety, and does not apply to those who wear a mask solely to protect others. For example, someone who wears a mask for the sole purpose of protecting a family member who is immunocompromised from exposure to illness is not legally permitted to wear a mask in public under Nassau County’s mask ban. It also doesn’t allow those who are sick – with a cold or flu, for example – and may be contagious to wear a mask to protect others and prevent the spread of illness.
Law enforcement must respect the religious practices of everyone they come into contact with. If you wear a niqab or burqua, you should not be required to remove your religious garb unless absolutely necessary – for instance, should you be arrested, law enforcement can mandate your face is unencumbered if your photograph must be taken. If you are made to remove your niqab or burqa, you can request that you be able to do so in a private room with female officers, and where male officers are not present. Currently, Nassau County does not have codified policies governing how law enforcement must engage with people wearing religious garments such as niqabs and burqas, and decisions about religious head and face coverings are left to the discretion of the police department and sheriff’s office.
Do I have to prove my religious or health reasons for wearing a facial covering to law enforcement?
No. Law enforcement cannot make you provide a doctor’s note proving your health reasons for wearing a mask, nor force you to disclose private health information.
They also cannot make you provide evidence of your religious affiliation or religious practices.
How can I fight back against mask bans?
Get Involved and learn more:
Disability Rights NY
Mask Bloc Long Island
COVID Advocacy NY
Jews for Mask Rights
Council on American-Islamic Relations (CAIR)
Find your local mask bloc
Take Action
No New Yorker should not have to fear that leaving home in a mask or face covering – whether for health, religious, or privacy reasons – could lead to harassment, intimidation, or arrest.
Tell lawmakers to reject mask bans and protect New Yorkers’ health, religious, and privacy rights.
Follow the link to help or take action!
Politicians across the country, including Governor Kathy Hochul and Mayor Eric Adams, have voiced support for enacting mask bans under the guise of stopping crime. On Long Island, Nassau County has already enacted a broad, overreaching mask ban. This comes as COVID-19 continues to surge and protestors face continued, unrelenting doxxing and targeted surveillance.
Here’s what you need to know.
Are there mask bans currently in effect in New York State?
Nassau County’s “Mask Transparency Act” was signed into law on August 14, 2024 and went into effect immediately. Ballston Spa, a village near Albany, has passed its own mask ban targeting protestors. It remains legal to wear a mask or other face covering elsewhere in New York State.
Mayor Eric Adams and Governor Kathy Hochul have both publicly expressed support for enacting mask bans, and New York Assemblymember Jeffrey Dinowitz introduced a statewide mask ban in May, but the bill has not yet proceeded through the legislature and is not in effect.
What types of face coverings or masks will be affected by this law?
Nassau County’s mask ban language 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.
What is the penalty if I am arrested for wearing a mask?
Violating Nassau County’s mask ban is considered a misdemeanor, and those arrested can be subject to a $1,000 fine, one year imprisonment, or both.
Is there an age restriction in the Nassau County mask ban?
No, a person wearing a mask or other face covering of any age, including children, can be charged with a violation of Nassau County’s mask ban.
Can I be stopped by a police officer just because I am wearing a mask?
In Nassau County, yes.
Officers are supposed to have “reasonable suspicion” that you are engaging in, or intend to engage in, criminal activity in order to stop you. However, Nassau may try to apply this broadly to include wearing a mask while driving, wearing a mask while gathering in a public place – such as a bus stop, block party, or protest – or knowingly allowing or helping people who are masked to gather in a public place.
Do I have to remove my face covering if an officer asks me to?
Police cannot force you to take off your mask unless you are stopped in a vehicle or they have reasonable suspicion that you are engaging in or intend to engage in a criminal activity in Nassau County.
Can I be arrested just for wearing a mask in Nassau?
Law enforcement officers need probable cause to arrest you – meaning they must have solid evidence based on objective circumstances that you have committed, are committing, or are about to commit a crime. However, Nassau’s broad bill language could allow police to interpret probable cause to include something as banal as wearing a mask while gathering in a public place – such as a bus stop, block party, or protest – or knowingly allowing or helping people who are masked to gather in a public place.
Are there exceptions for people wearing masks for health or religious purposes?
Yes. The Nassau legislation states that it:
“…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.”
The “health and safety” exception applies only to those who are masking to protect their own health and safety, and does not apply to those who wear a mask solely to protect others. For example, someone who wears a mask for the sole purpose of protecting a family member who is immunocompromised from exposure to illness is not legally permitted to wear a mask in public under Nassau County’s mask ban. It also doesn’t allow those who are sick – with a cold or flu, for example – and may be contagious to wear a mask to protect others and prevent the spread of illness.
Law enforcement must respect the religious practices of everyone they come into contact with. If you wear a niqab or burqua, you should not be required to remove your religious garb unless absolutely necessary – for instance, should you be arrested, law enforcement can mandate your face is unencumbered if your photograph must be taken. If you are made to remove your niqab or burqa, you can request that you be able to do so in a private room with female officers, and where male officers are not present. Currently, Nassau County does not have codified policies governing how law enforcement must engage with people wearing religious garments such as niqabs and burqas, and decisions about religious head and face coverings are left to the discretion of the police department and sheriff’s office.
Do I have to prove my religious or health reasons for wearing a facial covering to law enforcement?
No. Law enforcement cannot make you provide a doctor’s note proving your health reasons for wearing a mask, nor force you to disclose private health information.
They also cannot make you provide evidence of your religious affiliation or religious practices.
How can I fight back against mask bans?
Get Involved and learn more:
Disability Rights NY
Mask Bloc Long Island
COVID Advocacy NY
Jews for Mask Rights
Council on American-Islamic Relations (CAIR)
Find your local mask bloc
Take Action
No New Yorker should not have to fear that leaving home in a mask or face covering – whether for health, religious, or privacy reasons – could lead to harassment, intimidation, or arrest.
Tell lawmakers to reject mask bans and protect New Yorkers’ health, religious, and privacy rights.