A NY county outlaws face masks—here’s what docs think

Since the COVID-19 pandemic was declared in March 2020, the United States has seen a total of 1,198,416 deaths (as of August 17, 2024).^[] With 2.5% of emergency room visits in the last week caused by the SARS-CoV-2 virus, many people say we’re not yet living in a post-pandemic world.^[] Others disagree, and some lawmakers have even made it a misdemeanor to wear a mask in public.^[]

A predicate to criminal behavior?

“[M]asks and facial coverings that are not worn for legitimate health and safety concerns or for religious or celebratory purposes are often used as a predicate to harassing, menacing or criminal behavior,” the county documents state.

Bruce Blakeman, a Republican county executive, championed the law, which makes it a misdemeanor to cover one’s face in public. While the law permits some religious or health exemptions, its purported goal is to combat antisemitism, spurred by an incident that took place on a New York City subway in June 2024.^[]

Despite what some executives believe, most HCPs agree that a mask ban is a step in the wrong direction, especially considering the ongoing pandemic.

The June 2024 incident involved Anas Saleh, who was wearing a mask when he allegedly told people aboard a NYC subway to “raise your hand if you're a Zionist... this is your chance to get out.”^[]

According to NBC New York, Nassau County regional director of the New York Civil Liberties Union (NYCLU), Susan Gottehrer, said, “Masks protect people who express political opinions that are controversial.”^[] One major issue? The NYCLU says the law is ambiguous when it comes to what constitutes a “facial covering.”^[] For example, it doesn’t differentiate between medical masks and other sorts of facial coverings like niqabs, burqas, or scarves wrapped around one’s face.

While the law does include a health exception, it “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… 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,” per the NYCLU.

Pushback on mask bans

The bans are controversial and have prompted pushback, especially from disability rights groups and healthcare providers.

For example, Disability Rights New York (DRNY)—an organization that offers free legal and advocacy services to disabled individuals—issued a statement saying, “While worrying about their health and the well-being of their family members, those who need to wear a mask will have the added fear of discrimination, arrest, fines, and detainment.”^[] DRNY also demanded that “Nassau County immediately stay the implementation of the law.”^[]

COVID Advocacy NY, an advocacy group focused on COVID-19 prevention efforts in NYC and New York State, listed a number of advocacy talking points in response to the ban, including the following: “We are still in the midst of COVID-19 pandemic. New Yorkers are still being hospitalized with COVID and still dying from COVID. People are still getting Long COVID and other serious health issues from COVID... Masks also help protect against other contagious diseases, wildfire smoke, pollution, allergens, and other health concerns."^[]

What health experts think of mask bans

Uche Ralph-Opara, MBBS, Chief Health Officer of Project HOPE, says the issue is nuanced: “While the concern about masks being used to conceal identities is valid, public health measures should not be compromised.” 

Ultimately, she adds, masks have proven useful in preventing the transmission of many airborne diseases, including COVID-19. “[Masks] protect not only the wearer, but also those around them, particularly in settings where individuals may be immunocompromised or otherwise vulnerable,” she says. The Nassau County ban, Dr. Ralph-Opara says, is also vague.

She also notes that banning masks, especially in public health settings like hospitals or shelters, is particularly risky, as these spaces see high levels of exposure to infectious diseases. “Masks remain a critical means of protection, particularly for those at increased risk of severe illness,” Dr. Ralph-Opara says.

Jagdish Khubchandani, PhD, Professor of Public Health at New Mexico State University, says that he finds the mask bans both strange and disturbing—and that the move to ban masks compromises the health of millions of people who are still at risk of contracting SARS-CoV-2 and other infectious diseases. 

“If people who don't want to wear a mask have freedoms, what about those who want to? Who are we catering to? And why?” Dr. Khubchandani asks.