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Your Rights to Wear a Mask in New York
Politicians across the country, including Governor Kathy Hochul and Mayor Eric Adams, have voiced support for enacting mask bans under the guise of stopping crime. On Long Island, Nassau County has already enacted a broad, overreaching mask ban, and Ballston Spa, New York passed its own mask ban targeting protestors. This comes as COVID-19 continues to surge and protestors face continued, unrelenting doxxing and targeted surveillance.
Here’s what you need to know.
Active Mask Bans in New York
Are there mask bans currently in effect in New York State?
Yes. Nassau County’s “Mask Transparency Act” was signed into law on August 14, 2024 and went into effect immediately. Ballston Spa, a village near Albany, also recently passed a mask ban.
It remains legal to wear a mask or other face covering elsewhere in New York State. Mayor Eric Adams and Governor Kathy Hochul have both publicly expressed support for enacting mask bans, and New York Assemblymember Jeffrey Dinowitz introduced a statewide mask ban in May, but the bill has not yet proceeded through the legislature and is not in effect.
What does Ballston Spa’s mask ban say?
Ballston Spa’s law states that it will prohibit gas masks and masks that cover the entire face during demonstrations and parades. It does not prohibit wearing a mask that covers an individuals’ nose and mouth for “hygienic purposes”.
Violating Ballston Spa’s mask ban can result in a fine of up to $250, or by imprisonment for up to 15 days, or both. The law states that the Police Department and Code Enforcement Officer will have the authority to enforce the mask ban provision and to issue appearance tickets for violations.
What types of face coverings does Nassau County’s mask ban prohibit?
Nassau County’s mask ban language is vague and does not differentiate between medical masks like 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.
Police Enforcement and Penalties
Can I be stopped by a police officer just because I am wearing a mask?
In Nassau County, yes. Officers are supposed to have “reasonable suspicion” that you are engaging in, or intend to engage in, criminal activity in order to stop you. However, Nassau may try to apply this broadly to include wearing a mask while driving, wearing a mask while gathering in a public place – such as a bus stop, block party, or protest – or knowingly allowing or helping people who are masked to gather in a public place.
Do I have to remove my face covering if an officer asks me to?
In Nassau County, police cannot force you to take off your mask unless you are stopped in a vehicle or they have reasonable suspicion that you are engaging in or intend to engage in a criminal activity.
Can I be arrested just for wearing a mask in Nassau?
Law enforcement officers need probable cause to arrest you – meaning they must have solid evidence based on objective circumstances that you have committed, are committing, or are about to commit a crime. However, Nassau’s broad bill language could allow police to interpret probable cause to include something as banal as wearing a mask while gathering in a public place – such as a bus stop, block party, or protest – or knowingly allowing or helping people who are masked to gather in a public place.
What is the penalty if I am arrested for wearing a mask?
Violating Nassau County’s mask ban is considered a misdemeanor, and those arrested can be subject to a $1,000 fine, one year imprisonment, or both.
Health, Religious, and Age Exemptions
Is there an age restriction in the Nassau County mask ban?
No, a person wearing a mask or other face covering of any age, including children, can be charged with a violation of Nassau County’s mask ban.
Are there exceptions for people wearing masks for health or religious purposes?
Yes. The Nassau legislation states that it:
“…shall not apply to facial coverings worn to protect the health or safety of the wearer, for religious or cultural purposes, or for the peaceful celebration of a holiday or similar religious or cultural event for which the wearing of masks or facial coverings are customarily worn.”
The “health and safety” exception applies only to those who are masking to protect their own health and safety, and does not apply to those who wear a mask solely to protect others. For example, someone who wears a mask for the sole purpose of protecting 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. It also doesn’t allow those who are sick – with a cold or flu, for example – and may be contagious to wear a mask to protect others and prevent the spread of illness.
Law enforcement must respect the religious practices of everyone they come into contact with. If you wear a niqab or burqua, you should not be required to remove your religious garb unless absolutely necessary – for instance, should you be arrested, law enforcement can mandate your face is unencumbered if your photograph must be taken. If you are made to remove your niqab or burqa, you can request that you be able to do so in a private room with female officers, and where male officers are not present. Currently, Nassau County does not have codified policies governing how law enforcement must engage with people wearing religious garments such as niqabs and burqas, and decisions about religious head and face coverings are left to the discretion of the police department and sheriff’s office.
Do I have to prove my religious or health reasons for wearing a facial covering to Nassau County law enforcement?
No. Law enforcement cannot make you provide a doctor’s note proving your health reasons for wearing a mask, nor force you to disclose private health information.
They also cannot make you provide evidence of your religious affiliation or religious practices.
Additional Resources
Get involved and learn more to fight back against mask bans: