Nassau's poorly written mask ban won't fight antisemitism

Nassau's poorly written mask ban won't fight antisemitism

August 13, 2024

PRESS RELEASE: NASSAU’S POORLY WRITTEN MASK BAN BILL WON’T HELP FIGHT ANTISEMITISM
Residents say: “Fix the legislation! Shame on our politicians for trying to score political points.

A bill signing ceremony for Nassau’s newly-passed anti-masking legislation is scheduled for August 14, 2025 at 1550 Franklin Avenue, Mineola. The legislation purports to address antisemitism. The bill is so poorly written that constitutional law experts expect it to be immediately overturned. The nonpartisan group Nassau Residents for Good Government* (NRGG) has decried the legislation as smokescreen antisemitism - i.e., using antisemitism for political gain.

There’s no question that nationally, bad actors on the left and right are fueling antisemitism and that it needs to be addressed. Will anti-masking legislation help? NRGG has not taken a position on the efficacy of mask banning to fight antisemitism. But from a good government perspective, legislation that will get overturned in court because it’s sloppily crafted, whatever its purported justification, is an outrage. Clearly, the Legislative majority could have drafted legislation that was not unconstitutionally vague and overbroad. Indeed, it could have adopted the legislation proposed by the minority, which specifically penalized masking while committing a crime and avoided criminalizing intent. As crafted, the legislation asks police officers to, essentially, read people’s minds to determine their “intent” in wearing a mask, which could be a recipe for abuse of power. Worse, the legislation gives unfettered discretion to law enforcement, which raises concerns it could be used to target particular groups or ethnicities. Indeed, minority leaders are concerned it could lead to hate and discrimination towards groups who wear masks due to health, cultural, and religious reasons.

Nassau residents will not be protected by this legislation. It will not be in any way effective in combating antisemitism. In advancing a bill that they know will not hold up in court, it appears that the purpose of the mask ban legislation is purely to score political points. Politicians get to announce that they are fighting antisemitism, while peddling sham legislation that won’t actually fight antisemitism. The only result will be Nassau residents’ tax dollars being used to pay politically-connected law firms tens of thousands, if not hundreds of thousands of dollars in an ultimately-losing fight to defend this badly written legislation. 

Bend the Arc: Jewish Action Long Island stated:

"While it remains important to take meaningful action at all levels of government to dismantle antisemitism, we wholeheartedly reject the Nassau County mask ban legislation as a good faith effort to promote Jewish safety. Banning masks endangers many communities, including Jewish people, disabled people, queer and trans people, Black and brown folks, Asians, and people at the intersection of these identities. We denounce this attempt to strip people of their rights in the false name of Jewish safety. Regardless of the identities of the legislators supporting this legislation, a mask ban makes Jewish Long Islanders less safe by restricting our access and our neighbors' access to taking protective measures against COVID-19."

It’s time our politicians stop fueling antisemitism to score political points - and that includes our Jewish elected officials. Nassau residents deserve better.

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*Nassau Residents for Good Government is a nonpartisan group of residents working to develop and implement proactive and reactive strategies to bring transparency, accountability and integrity to Nassau County government. The Working Group that guides NRGG’s strategies and activities is comprised of residents from across Nassau.