Challenge to Nassau County Anti-Mask Ordinance Fizzles, Because …
Today’s decision by Judge Joan Azrack (E.D.N.Y.) in G.B. v. Nassau County dealt with a challenge to Nassau County’s Mask Transparency Act, which generally makes it a misdemeanor to wear “any mask or facial covering whereby the face or voice is disguised with the intent to conceal the identity of the wearer” in “any sidewalk, walkway, alley, street, road, highway or other public right-of-way or public property or private property without the consent of the owner or tenant.” The Act also expressly excludes, among other things, “facial coverings worn to protect the health or safety of the wearer.”
Plaintiffs challenged the Act, arguing that they were disabled and needed to wear a mask for medical reasons:
Plaintiffs … have disabilities. S.S. has common variable immunodeficiency, kidney disease, respiratory impairments, and post-viral syndrome. G.B. has cerebral palsy, asthma, and uses a wheelchair for mobility. Plaintiffs’ disabilities increase their risk of serious side effects and death from airborne illnesses. “Since the COVID-19 pandemic,” Plaintiffs have worn masks when they leave their homes “to protect [themselves] from illness.”
And that, the court concluded, meant they lacked standing to challenge the law:
Plaintiffs fail to sufficiently demonstrate that their “intended future conduct is ‘arguably proscribed by the statute’ they wish to challenge.” … Plaintiffs wear masks to protect themselves from illness. That is expressly excluded from the MTA’s reach by its health and safety exception. Plaintiffs also do not wear masks in the manner proscribed by the MTA, namely, “with the intent to conceal the identity of the wearer.” Plaintiffs “lack standing to challenge the [MTA] because
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.