Nassau County mask ban raises civil liberties concerns amid public health debate

It brings me joy to protect my health and others, and no politician has the right to take that away from me.”

Stuart Chen-Hayes, Lehman professor and local advocate

Nassau County recently passed a bill to ban masking in public, except in cases of health or religious concern, though it will fall to police to determine if those exemptions apply.

The ban has some fearful this bill will become a catalyst for further mask bans. 

In May, Assemblyman Jeffrey Dinowitz proposed a law that would make concealing an individual’s identity in lawful assemblies, unlawful assemblies or riots illegal. His bill clarifies personal protective equipment during a public health emergency or religious attire are exempt. 

Dinowitz said, while the legislation comes after recent protests of pro-Palestine individuals taking to the streets, this bill is not related to one particular issue and not a direct attack on those protesting for the Palestine people. 

According to Dinowitz, the precedent for his bill was set in a 2004 court case against the Ku Klux Klan, which led to the court determining it is constitutional to prohibit individuals from concealing their identities during public gatherings. 

“If you’re proud of what you’re doing and you believe in what you’re doing, why on Earth would you conceal your identity?” Dinowitz said. 

The assemblyman said the only reason an individual would wish to conceal their face during a protest would be to intimidate others or as a sign that they are “up to no good.”

Dinowitz cites the June 10 protest outside of the Nova Music Festival Exhibition as one of the examples of “disgusting people” he does not condone. The Nova exhibit opened to pay tribute to the victims of the Oct. 7, 2023, attack at the Israeli Nova Music Festival and, that night, protestors stood outside the exhibit with posters, flares and smoke canisters in support of Palestine. 

Despite this event and other protests like it, Dinowitz said he believes most of the individuals partaking in protests are not doing anything wrong or illegal and they have the right to protest whether he agrees with them or not. 

Dinowitz said his legislation attempts to manage the need to protect the public from activities being committed under the First Amendment, which ensures the right to freedom of religion, expression, assembly and petition.  

“Everyone has a right to protest and express themselves freely,” Dinowitz’s proposed law reads, “but they do not have a right to conceal their identity.”

Stuart Chen-Hayes, Lehman professor and outspoken advocate for social justice as he sees it, believes a mask ban to be unconstitutional. 

“It brings me joy to protect my health and others, and no politician has the right to take that away from me,” Chen-Hayes said. 

In his classroom, Chen-Hayes has continued to mask and has watched his students grapple with their own health crises, often facing anxiety, depression, and post traumatic stress disorder amplified by their experience with Covid-19. 

While Dinowitz said this ban would not pertain to those wearing masks for medical reasons, Chen-Hayes said he is not so sure, adding he believes the mask ban is specifically targeting those who are pro-Palestine and would only end up being enforced for all types of masks but specifically marginalized groups like Black, brown, and Muslim communities, and anyone else who fits the minority demographic. 

Dinowitz said the law would target masks that cover more than just the nose and mouth, which are covered by the standard N95 mask worn for health protection. The masks the law would target would include ones that cover ears, foreheads and heads. 

Chen-Hayes said politicians should be focused on giving their constituents the things they actually need and want, like rent control, public healthcare, free college, ending medical debt, or ending college debt.

As of Monday evening, the city reported 813 positive covid cases in the last seven days and, last month, the Centers for Disease Control was urging people to take precautions as infection numbers were on the rise. 

 “I’m happy for the world to know who I am,” Chen-Hayes said. “I mask to take care of others.”

Despite masking for his and his family’s health, Chen-Hayes also believes that if he or anyone else simply wanted to wear a mask to hide their identity that would be within their right. 

The American Civil Liberties Union condemned the Nassau County ban and any further mask bans as an attack on those protesting for Palestine, citing that, for some, being recognized as a protestor can have consequences to an individual’s personal or professional safety. 

In a statement, the ACLU wrote, “the freedom to wear a mask can be abused. But that does not justify taking that freedom away from those protesting peacefully, especially in today’s surveillance environment.” 

The Dinowitz bill is still a work in progress and will not be revisited until the next legislative session, but the assemblyman said he is hopeful about it passing.

This story was updated Aug. 19 at 1:51 p.m.