Disability Rights Education and Defense Fund and Disability Rights California Condemn Mask Bans and Urge Lawmakers Not to Adopt Them to Protect the Right of People with Disabilities to Participate in the Community Safely During the Ongoing Pandemic
FOR IMMEDIATE RELEASE
July 31, 2024
State and local governments are increasingly proposing mask bans as a response to public protest.[1] Mask bans are laws that make it illegal for people to wear masks in public. These laws make it harder and even impossible for disabled people and their allies to access public spaces – including collective actions for the expression of constitutionally protected speech – without fear and harassment. They put disabled people and their family members at greater risk of contracting COVID-19 and other infectious diseases.
North Carolina just passed a mask ban that makes it illegal to wear a mask.[2] Recently, Ohio, Florida, and Texas charged pro-Palestinian protesters for wearing masks.[3] New York City, Chicago, and Los Angeles mayors, along with Gov. Hochul of New York, have endorsed laws that criminalize wearing masks at protests.[4] Exemptions to mask bans for “health reasons” are ineffective, and impossible to enforce without reinforcing biases[5] and subjecting people to policing, surveillance, and demands to remove masks.[6]
Mask bans are inexcusable, especially now while COVID-19 is surging across the United States.[7] Disabled people are at higher risk of adverse outcomes from COVID-19 and other infectious diseases. Severe COVID-19 infections disproportionately impact Black, Indigenous, and People of Color (BIPOC), older adults, higher-weight people, pregnant people, and unhoused people.[8] COVID-19 is also disabling, causing Long Covid and other ongoing impairments.[9] Since the end of the official public health emergency period, most COVID-19 protections have been removed, creating more barriers for disabled and high-risk individuals to participate safely in community life.[10]
Wearing a mask is not a crime. People who wish to wear a mask to protect themselves from infectious diseases at protests or anywhere else have the right to do so. Wearing a mask protects public health and is one of the only protections left to prevent COVID-19 spread.[11] The Supreme Court has ruled repeatedly that anonymous speech is protected by the First Amendment.[12] Protesters have the right to wear a mask to protect themselves from COVID-19 or public exposure such as doxxing (publishing someone’s personal information online to encourage harassment for their views).[13]
Disabled people have the right to protest. Disabled people have the right to use tools like masks that allow them to participate in community activities and events. Disabled people have the right to wear masks at protests to protect their health and to protect their identities if they choose. Mask bans endanger disabled people and make demonstrations and other public events inaccessible. People attending protests should not be forced to risk contracting COVID-19 without a mask or face criminal penalties or police interactions for masking. Police interactions can be deadly, particularly for people who are BIPOC, disabled, or both.[14]
UPDATE: On Monday, August 5, 2024, Nassau County Republicans approved the Mask Transparency Act. The bill passed by a vote of 12-0 after a heated debate. All seven Democrats abstained from the vote. The Mask Transparency Act creates a misdemeanor offense punishable with a $1,000 fine and up to one year in jail. Nassau County Executive Bruce Blakeman said he plans to sign the bill.
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Tina Pinedo
Communications Director
Disability Rights Education and Defense Fund
510-225-7726
media@dredf.org
Melody Pomraning
Communications Director
Disability Rights California
916-504-5938
Melody.Pomraning@disabilityrightsca.org
Disability Rights Education and Defense Fund (DREDF) is a leading national civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities. Founded in 1979, DREDF works to advance the civil and human rights of people with disabilities through legal advocacy, training, education, and public policy and legislative development. Learn more at dredf.org.
Disability Rights California (DRC) is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of DRC is to defend, advance, and strengthen the rights and opportunities of people with disabilities. Learn more at disabilityrightsca.org.
[1] Marquise Francis, “Mask bans are growing in popularity. Critics call the trend a ‘dog whistle’ to quell protest.,” NBC News (July 8, 2024), https://www.nbcnews.com/news/us-news/mask-bans-are-growing-popularity-critics-call-trend-dog-whistle-quell-rcna160218.
[2] NC Legislature 2024-16 (2024), 2024 North Carolina Laws S.L. 2024-16 (H.B. 237), https://www.ncleg.gov/Sessions/2023/Bills/House/PDF/H237v5.pdf.
[3] Jay Stanley, “States Dust Off Obscure Anti-Mask Laws to Target Pro-Palestine Protesters,” ACLU (May 15, 2024), https://www.aclu.org/news/privacy-technology/states-dust-off-obscure-anti-mask-laws-to-target-pro-palestine-protesters.
[4] Joshua Cohen, “From Mask Mandates to Bans: Some Jurisdictions in U.S. Are Doing A 180,” Forbes (July 1, 2024), https://www.forbes.com/sites/joshuacohen/2024/07/01/from-mask-mandates-to-bans-some-jurisdictions-in-us-are-doing-a-180/.
[5] Vilissa Thompson, “Understanding the Policing of Black, Disabled Bodies,” Center for American Progress (February 10, 2021), https://www.americanprogress.org/article/understanding-policing-black-disabled-bodies/.
[6] Fenit Nirappil, “Masks are going from mandated to criminalized in some states,” Washington Post (June 24, 2024), https://www.washingtonpost.com/health/2024/06/24/mask-ban-north-carolina-new-york/.
[7] Alexander Tin, “Map shows states where COVID levels are “high” or “very high” as summer wave spreads,” CBS News (July 12, 2024), https://www.cbsnews.com/news/map-covid-levels-states-summer-2024/.
[8] U.S. Centers for Disease Control and Prevention, “People with Certain Medical Conditions and COVID-19 Risk Factors,” CDC (June 24, 2024), https://www.cdc.gov/covid/risk-factors/.
[9] U.S. Centers for Disease Control and Prevention, “Clinical Overview of Long COVID,” CDC (July 12, 2024), https://www.cdc.gov/covid/hcp/clinical-overview/index.html.
[10] Shruti Rajkumar, “Many try to return to normal from COVID, but disabled people face a different reality,” NPR (July 14, 2022), https://www.npr.org/2022/07/14/1109874420/covid-safety-disabled-people-immunocompromised.
[11] U.S. Centers for Disease Control and Prevention, “Masks and Respiratory Viruses Prevention,” CDC (March 1, 2024), https://www.cdc.gov/respiratory-viruses/prevention/masks.html.
[12] See, e.g., Watchtower Bible & Tract Soc’y of N.Y., Inc. v. Vill. of Stratton, 536 U.S. 150, 166-69 (2002); McIntyre v. Ohio Elections Comm’n, 514 U.S. 334, 357 (1995); Talley v. California, 362 U.S. 60, 64 (1960).
[13] Nicholas Fandos, “In an Online World, a New Generation of Protesters Chooses Anonymity,” New York Times, (May 2, 2024), https://www.nytimes.com/2024/05/02/nyregion/college-campus-protests-anonymity.html.
[14] Abigail Abrams, “Black, Disabled and at Risk: The Overlooked Problem of Police Violence Against Americans with Disabilities,” Time (June 25, 2020), https://time.com/5857438/police-violence-black-disabled/.