A contentious law prohibiting the use of face coverings in public areas was put into effect on Wednesday in Nassau County, New York. This decision has faced swift criticism from civil rights groups and state officials who argue it infringes on free speech rights.

At a press conference early Wednesday, Nassau County Executive Bruce Blakeman announced the ban, marking it as the first of its kind in the United States. The law criminalizes face masks intended to conceal identities in public, with exceptions only made for medical, religious, or cultural reasons. Proponents defend this ban as a necessary public safety measure, aimed at preventing crimes committed by individuals who use masks to hide their identities.

Those found in violation of the law could face misdemeanor charges, risking up to one year in jail and a fine of $1,000.

“This is a comprehensive public safety initiative,” Blakeman stated during the news conference. “We have observed individuals using masks to commit shoplifting, carjacking, and bank robberies, and we are determined to put an end to these activities.”

Despite the rationale provided by supporters, civil rights advocates and some state officials contend that the law undermines free speech and raises concerns about potential repercussions, including risks for protesters and health implications for the community.

“Masks provide safety for individuals expressing controversial political views. Authorities should champion the rights of New Yorkers to express themselves, not enable widespread doxxing and intimidation,” said Susan Gottehrer, Regional Director of the New York Civil Liberties Union, in a statement.

“Masks also play a crucial role in health safety, especially during rising COVID-19 case rates, allowing those at higher risk to engage in public activities,” Gottehrer added. “Our focus should be on empowering individuals to make informed choices for their health and well-being, rather than isolating vulnerable populations.”

Details of the Mask Transparency Act

This new Mask Transparency Act was passed earlier this month by Nassau County’s Republican-controlled legislature, with all 12 Republicans voting in favor and seven Democrats abstaining. The bill was introduced by Republican legislator Mazi Melesa Pilip in response to rising concerns regarding alleged antisemitic incidents occurring during protests nationwide.

In recent months, the United States has experienced protests linked to the Israel-Hamas conflict, notably on college campuses, prompting heightened scrutiny of police responses. Hate crimes, particularly against Muslim and Jewish communities, have escalated since the conflict began last year.

Nassau County lawmakers have stated the intention behind the law is to prevent individuals at protests, who engage in violence or antisemitic acts, from concealing their identities, as reported by Reuters.

“This legislature confirms that masks and face coverings, when not used for health, safety, or religious matters, are often associated with harassment, intimidation, or criminal conduct,” the law asserts.

The bill empowers law enforcement to require the removal of masks during traffic stops or if there is reasonable suspicion of criminal intentions.

Reactions to the Mask Ban from Civil Rights Advocates and State Officials

The New York Civil Liberties Union described the mask ban as an infringement on free speech and criticized the exceptions as insufficient. They added that mask bans are being utilized across the country to target pro-Palestinian protesters.

“Masks safeguard individuals expressing unpopular political beliefs. Rendering anonymous protesting illegal discourages political engagement and is prone to selective enforcement,” Gottehrer remarked earlier this month.

Following the Nassau County legislature’s approval of the mask ban on August 5, various civil rights organizations and state officials voiced their opposition to the ruling. The New York chapter of the Council on American-Islamic Relations condemned the legislation, stating it facilitates political censorship.

Earlier in the month, New York state Senator Iwen Chu expressed concerns on social media that the ban might incite anti-Asian discrimination against those who wear masks for health, cultural, or religious reasons.

“The use of masks is prevalent in many Asian cultures, particularly following health crises such as SARS and COVID-19,” Chu stated. “Many individuals from Asian communities globally have embraced this mask-wearing culture as a shared responsibility to mitigate health crises.”

Gottehrer also emphasized that the ban jeopardizes public health in light of a recent rise in COVID-19 infections across Long Island during the summer months.

“As COVID-19 cases surge throughout Long Island, face coverings continue to be essential for protecting personal and community health,” Gottehrer argued. “Nassau County police officers are not health professionals and are unqualified to determine who needs a mask and who does not.”