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New York county passes face mask ban

New York's Nassau County voted to pass a bill criminalizing the use of face masks to protect one's identity at a hearing where one protester was arrested.

Wearing masks in public as a way to hide one's identity will soon be illegal in one suburban New York county.

Lawmakers in Nassau County approved a bill on Monday criminalizing the wearing of face masks in public places, with exemptions for people who cover their faces for health reasons or religious or cultural purposes. Supporters of the bill in the Republican-controlled Long Island county say it would prevent violent protesters from hiding their identity.

The bill was introduced by Republican District 10 legislator Mazi Pilip, who told Fox News Digital over the phone Tuesday that lawmakers heard residents "loud and clear" when they expressed their desire to feel safe in their communities.

"Nassau County yesterday took the lead," Pilip said, referencing how Democratic New York Gov. Kathy Hochul has been talking about a similar statewide ban since May, but has yet to take action.

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"I respect the freedom of speech," said Pilip, who ran for Congress in a special election earlier this year but lost to Rep. Tom Suozzi. "I think we encourage people to come, to rally, to express their concern. That's the beautiful thing about our country. However, there is no way we will support people who [are] hiding their faces and basically attacking or spreading hate speech and encouraging others to do so. We are not going to allow that."

Mask wearing became the norm during the height of the COVID-19 pandemic, but was also observed more recently during anti-Israel demonstrations. Legislator Howard Kopel said the measure was introduced in response to "antisemitic incidents, often perpetrated by those in masks" since the Oct. 7 start of the ongoing Israel-Hamas war.

New York Civil Liberties Union Nassau County regional director Susan Gottehrer defended the use of masks during protests.

"Masks protect people who express political opinions that are unpopular," Gottehrer said in a statement reported by the Associated Press. "Making anonymous protest illegal chills political action and is ripe for selective enforcement, leading to doxxing, surveillance, and retaliation against protesters."

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Monday's vote by the Nassau County Legislature was along party lines, with 12 in agreement and seven legislators abstaining, FOX 5 New York reported

Democratic Legislator Arnold Drucker said before the vote that the bill "overstepped and could be detrimental to First Amendment rights."

County Executive Bruce Blakeman disagreed.

"Unless someone has a medical condition or a religious imperative, people should not be allowed to cover their face in a manner that hides their identity when in public," Blakeman said in a statement reported by FOX 5.

After Blakeman signs the bill, which he is expected to, wearing a mask in public will be a misdemeanor punishable by up to a year in jail and a $1,000 fine for anyone wearing a face covering to hide their identity in public.

When it comes to determining whether someone is wearing it for criminal, medical or religious purposes, Nassau County Police Commissioner Patrick Ryder said officers would know the difference. He was also previously quoted in Newsday saying, "We are not going to just arrest someone for wearing a mask. We are going to go up to the person and talk to them and find out."

Dozens of public speakers for and against the bill packed legislative chambers Monday. One woman was arrested for being disruptive, PIX 11 reported. 

New York City Mayor Eric Adams has also supported the concept of banning masks, saying in June that he supports using such a measure to curb crime.

"I'm a strong supporter of the decision of stopping masks on our subway system, masks in protests, and masks in other areas where it's not… health-related," Adams said.

"Masks are not new and covering your face while you do terrible things is not new," he added. "There were these guys that used to ride around with hoods in the deep south. So, cowards cover their faces."

The Associated Press contributed to this report. 

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