In recent developments, politicians in New York State, including Governor Kathy Hochul and Mayor Eric Adams, have expressed their support for implementing mask bans as a means to combat crime. While Nassau County has already enforced a wide-ranging mask ban, COVID-19 cases continue to rise, and protestors face ongoing doxxing and surveillance.

At present, there is only one county in New York State with an active mask ban in place - Nassau County. Its "Mask Transparency Act," which was signed into law on August 14, 2024, became effective immediately. Additionally, Ballston Spa, a village near Albany, has implemented its own mask ban targeting protestors. However, it remains legal to wear masks or other face coverings in other parts of New York State.

Both Mayor Eric Adams and Governor Kathy Hochul have publicly expressed their backing for enforcing mask bans. In May, New York Assemblymember Jeffrey Dinowitz introduced a statewide mask ban; however, the bill has yet to progress through the legislature and is not currently in effect.

The language used in Nassau County's mask ban is ambiguous and does not distinguish between medical masks such as N95s, KN95s, and surgical masks, and other types of masks or "facial coverings," including niqabs, burqas, wrapping a scarf or bandana around your face, and costume masks.

Violating Nassau County's mask ban is considered a misdemeanor offense. Those arrested can face fines up to $1,000, imprisonment for up to one year, or both penalties.

The Nassau County mask ban does not impose an age restriction. Any individual, regardless of age, can be charged with violating the mask ban if they are found wearing a mask or other face covering.

In Nassau County, police officers can stop individuals solely based on their suspicion that they are engaging in or intend to engage in criminal activity if they are wearing a mask while driving or gathering in public places such as bus stops, block parties, or protests.

Officers are not permitted to force individuals to remove their masks unless they are stopped in a vehicle or there is reasonable suspicion that they are engaging in or intend to engage in criminal activity in Nassau County.

Law enforcement officers need probable cause to make an arrest, meaning they must possess solid evidence based on objective circumstances that an individual has committed, is committing, or is about to commit a crime. However, the broad language used in Nassau's mask ban legislation could lead to an interpretation that includes wearing a mask while gathering in public places or knowingly allowing or assisting masked individuals to gather in public places as grounds for probable cause.

The Nassau legislation does provide exceptions for individuals wearing masks for health or religious purposes. It states that the ban does not apply to facial coverings worn to protect the health or safety of the wearer, for religious or cultural purposes, or for peaceful celebrations of holidays or similar religious or cultural events where masks are customarily worn.

The health exception applies only to those wearing masks to protect their own health and safety, not to those wearing masks solely to protect others. For instance, someone wearing a mask to protect a family member who is immunocompromised from exposure to illness is not legally permitted to wear a mask in public under Nassau County's mask ban. Similarly, individuals who are sick and may be contagious are not allowed to wear masks to protect others and prevent the spread of illness.

Law enforcement officers are required to respect the religious practices of everyone they encounter. If an individual wears a niqab or burqa, they should not be compelled to remove their religious garb unless absolutely necessary, such as during arrest when their photograph must be taken. In such cases, individuals can request to remove their niqab or burqa in a private room with female officers present and without male officers present. Currently, Nassau County does not have specific policies governing how law enforcement should engage with individuals wearing religious garments like niqabs and burqas, leaving decisions to the discretion of individual police departments and sheriff's offices.

Individuals are not required to provide proof of their religious or health reasons for wearing facial coverings to law enforcement. Law enforcement cannot demand a doctor's note as evidence of health reasons nor force individuals to disclose private health information. Similarly, they cannot compel individuals to provide proof of their religious affiliation or religious practices.

As mask bans continue to be implemented in various parts of New York State, individuals are encouraged to stay informed about their rights and to seek legal advice if necessary.