3 Concerns With New York’s Face Mask Bans
A group of people, all wearing face masks, hold signs at a rally in Times Square.
Multiple mask ban bills are floating around the NY legislature that have supposedly been introduced to protect Jewish people, but will they actually do that? While the legislature is out of session until January 2025, a special session might be called to address mask ban bills. What do these bills actually say, and why are so many Jewish people concerned?
1. The Bans Target Lawful Assembly
Democrats have introduced bill A10057A/S09867 into the New York State Assembly. This bill "establishes the offense of concealment of identity in a lawful assembly, unlawful assembly or riot."
This far-reaching bill claims to target unlawful activities but encompasses any assembly where masks might be used, even for health protection. If you're planning a COVID-safer gathering at your synagogue or any other location, these laws could make that illegal. This vague language allows for selective enforcement that can discriminate against marginalized groups.
2. The "Health Exemption" Doesn’t Apply Anymore
The Democrat-sponsored Bill A10057A includes a non-applicable and minimal health exemption. It applies only "during a declared public health emergency." The official COVID-19 public health emergency was declared over in May 2023. This resulted not in decreased COVID-19 spread, but decreased access to government-sponsored medical care. Concerningly, the bill explicitly targets "Personal Protective Equipment" (PPE, i.e. face masks), essentially banning its use in public gatherings. This inclusion is particularly concerning given the importance of PPE in ensuring public health and safety.
New Yorkers who rely on masks for protection would lose their right to wear them as soon as this bill becomes law. This protection would only be reinstated if another public health emergency is declared. This overreach would endanger everyone: those who mask now, and anyone who might need to mask in the future.
3. This Wasn’t Meant to Combat Antisemitism
Politicians and special interests are exploiting real Jewish trauma and fear. The ultra-conservative, corporate-backed think tank, The Manhattan Institute, recently introduced model legislation to criminalize mask use. This model is being pushed by a minority of special interests for political reasons.
Mayor Adams has long suggested a mask ban. He said in a 2023 interview: "to all of our shops, do not allow people to enter the store without taking off their face mask," despite a reduced crime rate from the previous year.
The proposed mask ban, rather than providing genuine protection for Jewish people, also resembles outdated, ableist "ugly laws". By removing masks in public spaces, disabled people have their right to participation in public life restricted. A ban would result in societal exclusion, mirroring past injustices, and further marginalize an already vulnerable population.
Why Oppose This Bill?
The mask ban bills in New York, ostensibly designed to protect Jewish people, are fraught with issues that would result in dangerous consequences. These bills' broad scope, inadequate and unenforceable health exemptions, and origins in outside interests make them more harmful than beneficial. It's crucial to stay informed and vigilant about such legislation that might masquerade as protective but can potentially harm the very communities they claim to safeguard.
How To Take Action Against New York’s Face Mask Ban
Join us in urging Governor Kathy Hochul, Mayor Eric Adams, and other New York officials to uphold the right of all New Yorkers to wear a mask. Contact your representatives, write letters, and post on social media. For detailed steps and contact information, visit this toolkit created by Covid Advocacy NY. Together, we can protect public health and ensure the safety of all New Yorkers.
Share our open letter to Governor Hochul and Mayor Adams, and consider signing if you are Jewish. This letter is open to all Jewish leaders and community members affected by this legislation, whether as New Yorkers, commuters, or tourists.
