Young female presenting white person holding up a cardboard sign during a protest.

Disability Rights Education and Defense Fund Submits Comments to the Nassau County Legislature Opposing Proposed “Mask Transparency Act”

Healthcare Access Public Comment

FOR IMMEDIATE RELEASE
August 5, 2024

On August 2, 2024, Disability Rights Education and Defense Fund (DREDF) submitted comments to the Nassau County Legislature in opposition to the “Mask Transparency Act,” Proposed Local Law No. -2024 (142-24).

Nassau County is a suburban county located on Long Island, immediately to the east of New York City. The Mask Transparency Act, scheduled for hearing on August 5, 2024, would ban mask wearing in public spaces throughout the county, and provide an allowance to let private businesses ban masks. It is enforced by the police.

DREDF, along with Disability Rights California, recently issued a joint statement condemning mask bans and urging lawmakers not to adopt them to protect the right of people with disabilities to safely and equally participate in the community. DREDF’s comments in opposition to Nassau County’s Mask Transparency Act echoed many of the points in that joint statement. Among them:

  1. Mask bans make it difficult, and in some cases impossible, for disabled people and their allies to access public spaces without fear and harassment.
  2. Mask bans put disabled people and their family members at greater risk of contracting COVID-19 and other infectious diseases. Disabled and multiply marginalized people are also at higher risk of adverse outcomes from contracting COVID-19.
  3. Exemptions to mask bans for “health and safety reasons” are ineffective, and impossible to enforce without reinforcing biases and subjecting people to policing, surveillance, and demands to remove masks.
  4. Law enforcement should not be making decisions about who can wear a mask in public spaces.
  5. Businesses cannot be permitted to deny service to anyone in a mask, it will result in increased discrimination against disabled people.
  6. The removal of COVID-19 protections creates more barriers for disabled and high-risk individuals to participating safely ​and equally in community life.

DREDF’s comments also stressed that to the extent Nassau County’s mask ban is being considered as a strategy to suppress public protests​, they run afoul of the right of all people, including people with disabilities, to engage in constitutionally protected anonymous speech.

DREDF’s comments ended with a call for state and local governments like Nassau County to normalize masking, instead of taking away necessary protections for our survival.

Link to comments.

UPDATE: On Monday, August 5, 2024, Nassau County Republicans approved the Mask Transparency Act. The bill passed by a vote of 12-0 after 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

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.