Federal lawsuit challenging mask ban in suburban New York county dismissed

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Louise Thomas

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A judge on Wednesday dismissed a federal lawsuit challenging a suburban New York ban on wearing masks in public except for health and religious reasons.

The class action lawsuit was filed last month by Disability Rights New York on behalf of two individuals with disabilities against Nassau County’s Mask Transparency Act, or MTA. The law makes it a misdemeanor punishable by up to a year in jail and a $1,000 fine for anyone in the county to wear a face covering to hide their identity in public.

The lawsuit claims the ban is unconstitutional and discriminates against people with disabilities. The legal action includes two plaintiffs with various health conditions who wear medical-grade face masks to protect themselves. They said they were fearful of being harassed and possibly arrested because of the new mandate.

But U.S. District Judge Joan Azrack ruled that the plaintiffs failed to show they have legal standing to sue since the law since has exemptions for people who wear masks for health reasons.

“Plaintiffs wear masks to protect themselves from illness,” the judge wrote. “That is expressly excluded from the MTA's reach by its health and safety exception.”

Nassau County Executive Bruce Blakeman, a Republican who signed the bill into law in August, said in a written statement that residents “can be grateful that the court dismissed a lawsuit that would have made Nassau County less safe.”

An email seeking comment was sent to Disability Rights New York.