Controversial mask ban passes on Long Island, challenges expected

MINEOLA, Long Island -- A mask ban has now been passed in Nassau County, and while its supporters say that it's meant to prevent anyone engaged in hateful actions or speech from going unidentified, critics say it violates free speech rights and is therefore unconstitutional. 

The measure is expected to be signed into law soon but is also anticipated to be legally challenged, not long after.

The level of its controversy was on display during the hours-long public hearing on Monday evening, before the legislature voted on the bill. 

When the allotted time for a speaker who'd opposed the mask ban bill ran out and she kept speaking, the chairman asked police on hand to intervene. 

Some people from the gallery tried to get involved, as well, and one of the county legislators also stepped in. The half-dozen or so officers were able to get most people to return to their seats, but they did arrest a woman who'd allegedly put her hands on an officer and resisted arrest. 

The county legislator who'd stepped in at the Monday hearing was Carrié Solages. 

On Tuesday, he spoke with PIX11 News about the measure. "Just for wearing a mask, you should not have a $1000 fine," he said.

Solages had voted against the ban, which passed nonetheless, along party lines -- with all 12 Republicans in the county legislature voting in favor, and all seven Democrats, including Solages, not voting no, but abstaining instead. 

"[Because] we have our own bill that solves the problem without criminalizing a culture," Solages said. 

"On top of it," he continued, "they took no consideration or bipartisanship from the seven Democratic legislators."

The Republican legislator who introduced the bill, Mazi Pilip, said that the measure is by no means oppressive. 

"We are all about free speech," she said in an interview. "You can exercise your rights."

Pilip said that her legislation, called the Mask Transparency Act is meant to prevent people from engaging in hateful actions or speech during political protests.

"This is especially for people potentially using the mask to hide their faces, and abusing that right," she said.

At the Nassau County Legislature building on Tuesday, there were still many signs posted calling for people to stay masked. Meanwhile, county residents who spoke with PIX11 News at random said they don't mind the measure. 

"If you really believe in what you're protesting, and it's appropriate," said Katie Dolgow, who was just coming out of a grocery store, "you should really be proud of what you're saying and your face should be shown."

Chris Chaplin, who wore a surgical mask after coming out of the store, said that both wearing a mask and peaceful protest are protected actions. However, he added, the two don't go hand in hand, in his opinion. 

"That's your right. That's why we're here in America," he said, but went on. "Show your face if you want to protest," he continued. "Why hide it?"

The New York Civil Liberties Union came out against the ban. Its Nassau County regional director, Susan Goetherer, said in an interview that the mask ban is oppressive. 

"People also have a constitutional right to protest with a mask on," she said, "even if it's to conceal their identity."

Facial concealment, she said, is protected free speech that enables protesters to express themselves "and not worry about doxxing, retaliation, any of those things," she said. She referred to doxxing, the practice of people posting personal information online of people with whom they disagree. Protesters in recent years have complained frequently about being doxxing targets. 

Goetherer said that efforts to challenge the ban are "being looked into."

Nassau County Executive Bruce Blakeman, a supporter of the measure, is expected to sign it into law, possibly as early as next week.