Nassau County’s Controversial New Mask Ban May Increase Racial Profiling And Discrimination

Nassau County, one of New York’s most populous counties, just instituted a controversial new public mask ban bill. The bill, which is called the Mask Transparency Act, was created as a way to combat antisemitism and was signed by Nassau County Executive Bruce Blakeman. The catalyst for the bill was a series of different events involving individuals wearing masks, which some have labeled as antisemitism. Under the new bill, anyone wearing a mask or a face covering would violate the law and could be charged with a misdemeanor. The only exemptions would be individuals who wear masks or face coverings for health or religious reasons.

Supporters of the bill believe it could curb crimes that occur during protests. Being able to easily identify those who engage in nefarious acts could be a powerful deterrent against crime, however, it could also open the door to racial profiling. The new legislation would put the power to decipher the rationale of a person’s mask-wearing in the hands of police officers. There is a long history of racial disparities in policing and police violence. What makes police officers authority figures to interpret a person’s medical or religious reason for mask-wearing?

Nassau County has a history of discrimination against Black and Latino drivers, according to a class action lawsuit. The lawsuit, which seeks $40 million, alleges racial bias in traffic stops made by the local police. Data from a 2022 Nassau County year-end report indicated that Black and Latino drivers made up a disproportionate amount of traffic stops compared to white drivers. The new mask ban could increase the profiling of Black and Latino residents, who according to reports, are more likely to experience bias when it comes to local police.

Discrimination against pro-Palestinian protesters is another issue that could arise with the new mask ban. Less than 40 miles away from Nassau County, in New York City, the first pro-Palestinian campus protests began at Columbia University. As the school year commences at colleges and universities nationwide, pro-Palestinian protests may reignite. Mask bans may be one way to inadvertently target those who participate in pro-Palestinian campus protests, according to Axios. Similar mask bans may be instituted across New York, where Governor Kathy Hochul and New York City Mayor Eric Adams have both expressed support for such bans.

Anti-masking legislation can be harmful for many reasons. Masking is an effective way to stop the spread of many common infections. Individuals who still want to abide by Covid-19 precautions may be unjustly profiled, targeted, and interrogated. In addition, individuals who wear face coverings for religious reasons may also experience unnecessary targeting under the new bill. It is not outside the realm of possibility that Muslim women, for example, choosing to wear a niqab (a garment that covers their face except around their eyes) may be subject to religious discrimination and unwarranted targeting. Muslim women, who already experience Islamophobia, may experience heightened scrutiny under the new bill.

The First Amendment guarantees the right of the people to “peaceably to assemble.” Every American should be able to participate in protests, if they so choose, without fear of retaliation, retribution, or racism. There are better and more effective ways to address the violence and crime that sometimes occurs during protests—one report revealed that the current manner in which protests are policed, where officers often engage in more aggressive and militarized approaches, can have an impact on a person’s likelihood to obey the law. If lawmakers are concerned about violence that takes place during protests, more efforts should be made to ensure police are treating protestors with dignity and respect rather than accosting them or vilifying them for their decision to wear a mask.

If lawmakers want to combat antisemitism, the Interfaith Alliance stresses the role and importance of community coalitions. “Building diverse coalitions is an essential part of combating antisemitism...proactively building strong coalitions creates a foundation of support before antisemitic hate incidents occur.” Instituting a mask ban will not address antisemitism—continuous education must be provided within workplaces, organizations, and institutions regarding antisemitism, and how to push back against it when it rears its ugly head.

This article was originally published in Forbes.

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