Judge Joan Azrack (E.D.N.Y.) made a decision today in G.B. v. Nassau County regarding the challenge to Nassau County’s Mask Transparency Act. The Act criminalizes wearing masks with the intent to conceal identity in public spaces without consent, but exempts masks worn for health or safety reasons.
The plaintiffs, who have disabilities and wear masks for medical purposes, were found to lack standing to challenge the law:
Plaintiffs fail to show that their actions would be prohibited by the law as they wear masks for health reasons, which is exempted from the Act. They also do not wear masks to conceal their identity, as required by the Act. Therefore, they lack standing to challenge the law.
The court also rejected the argument that law enforcement would misapply the law, citing guidance emphasizing the health exception and the need for articulation of suspicion before enforcement.
Plaintiffs’ claim of anticipated harassment from anti-mask individuals was also dismissed for lack of standing, as the harassment was not directly linked to the enactment of the law.
Potential constitutional challenges to the Nassau ordinance were mentioned, but it was suggested that different plaintiffs would be needed to bring those challenges.
Please rewrite this sentence.
Source link
