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Will NY follow Nassau County public mask ban to hide identities?

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5 months ago

August 10, 2024

Will NY follow Nassau County public mask ban to hide identities?

Nassau County legislators permitted a public masks ban Monday that criminalizes the usage of sporting a masks in public locations to cover identities of people that commit crimes, excluding masks for well being or spiritual functions.

What’s within the Masks Transparency Act invoice?

Republican legislator Mazi Melesa Pilip launched the Masks Transparency Act after considerations over antisemitic crimes dedicated at protests throughout the nation.

“This legislature finds that masks and facial coverings that aren’t worn for well being and security considerations or for spiritual or celebratory functions are sometimes used as a predicate to harassing, menacing or legal habits,” the invoice states.

Sporting a masks in Nassau County to hinder your identification might now price you a $1,000 advantageous or as much as a 12 months in jail. The invoice will enable legislation enforcement officers to require the removing of a masks throughout visitors stops or “when the officer has cheap suspicion of legal exercise and/or intention to partake in legal exercise.”

The penalty additionally applies to individuals who “knowingly allow or help” anybody who’s disguised or masked in a public place with intent to trigger hurt.

Twelve Republican legislators voted to move the invoice, whereas seven Democrats abstained from the vote.

Masks invoice garners backlash from civil rights teams in NY

The NYCLU stated that the invoice appeared to overwhelmingly goal pro-Palestinian protesters and known as the ban a “harmful misuse of the legislation.” Susan Gottehrer, NYCLU’s Regional Director for Nassau County, stated the invoice had the potential to place folks’s privateness and well being in danger.

“Barring individuals who communicate out from defending themselves and their identities places their well being and well-being in peril, notably folks with disabilities, folks of shade, and people with unpopular views,” Gottehrer stated in an announcement Tuesday. “Making nameless protest unlawful chills political motion and is ripe for selective enforcement, resulting in doxing, surveillance, and retaliation in opposition to protesters.”

As COVID-19 instances rise in New York, Gottehrer can also be involved about public well being dangers related to the ban. Protesters had been permitted, and even generally required to put on masks in public areas for almost 4 years because the nation battled the coronavirus pandemic.

Gottehrer stated regardless of the minimal exceptions within the invoice, these with persistent well being situations and disabilities are put in peril when household and pals are probably uncovered to the virus in public areas with out the flexibility to masks up.

“Criminalizing masks forces these with disabilities or medical situations, in addition to their households and family members, to need to resolve whether or not to segregate themselves from public life or endanger their well being and even lives,” she stated. “The ban’s so-called well being and non secular exceptions are totally insufficient: Nassau County law enforcement officials should not well being professionals or spiritual consultants able to deciding who wants a masks and who doesn’t.”

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The New York chapter of the Council on American-Islamic Relations additionally condemned the legislation, saying it “paves the best way for political censorship.”

“The ambiguous definition of ‘cheap suspicion’ heightens the potential for profiling and discrimination, because it leaves ample discretion to officers to evaluate why somebody could also be protecting their face. It paves the best way for political censorship, notably amid fears of doxing, violence and extreme policing in opposition to pro-Palestinian supporters,” CAIR-NY supervising legal professional Lamya Agarwala stated. “This ban additional comes with important public well being dangers by forcing folks to danger jail time to guard themselves and others by sporting masks.”

How will this legislation have an effect on the remainder of NY?

It’s unclear if different counties in New York, together with the Hudson Valley, will move related legal guidelines sooner or later, however different New York officers, together with Gov. Kathy Hochul and New York Metropolis mayor Eric Adams, have additionally supported related payments all through the state to forestall crimes throughout protests and on the subway.

“I additionally wish to be very clear. We won’t tolerate people utilizing masks to evade duty for legal or threatening habits,” Hochul stated in an announcement concerning subway crimes in June.

Rockland County Government Ed Day stated he was not conscious of any such legal guidelines proposed within the legislature. Day stated the county has not skilled any important incidents in relation to crimes by masked people however could be keen to think about laws if essential.

“As a former legislation enforcement skilled with command expertise throughout two departments, I’d search steering from our native legislation enforcement businesses concerning the potential implementation of a masks ban legislation,” Day stated. “Ought to native authorities determine a transparent want for such a measure to handle public security or crime prevention considerations, I’d be open to supporting this initiative.”

A Westchester County spokesperson additionally stated there was no indication the county legislature have proposed any payments associated to a masks ban or would sooner or later.

What’s subsequent for Nassau County?

The Nassau County Democratic Legislative Minority, led by Minority Chief Delia DeRiggi-Whiton, launched emergency laws Monday to “improve penalties in opposition to criminals who use face coverings throughout crimes and are convicted of a misdemeanor or felony,” but additionally protects civil liberties for Nassau County residents.

“Our invoice respects particular person freedoms by not imposing blanket prohibitions on sporting masks in public. Regulation-abiding residents might put on masks for well being, security, spiritual, or celebratory functions with out concern,” stated DeRiggi-Whitton. “In contrast to the broad and punitive Republican invoice, our method avoids unconstitutional overreach and respects private liberties.”

The legislation will take impact instantly after county government Bruce Blakeman indicators it into legislation.