A demonstrator wearing traditional Palestinian Keffiyeh and

Nassau County in New York state implemented a face mask ban on Wednesday, marking the first such measure in the country since the COVID-19 pandemic. 

The new ban makes it illegal for anyone to wear a mask or face covering to conceal their identity, except for medical or religious reasons. Violation of this new law is considered a misdemeanor offense, punishable by up to a year in prison and a $1,000 fine.

The Mask Transparency Act was approved earlier this month by the Republican-controlled Nassau County Legislature on Long Island and was signed into law by Nassau County Executive Bruce Blakeman. All 12 Republicans in the legislature voted in favor of the ban, while the seven Democrats abstained. The legislators cited recent protests as the reason for the new measure.

The ban follows New York Gov. Kathy Hochul’s statement two months ago expressing her support for banning masks for riders using New York City’s subway system. During a news conference in June, Hochul mentioned considering the mask ban after “a group donning masks took over a subway car, scaring riders and chanting things about Hitler and wiping out Jews.”

“We will not tolerate individuals using masks to evade [responsibility] for criminal or threatening behavior,” Hochul stated during the news conference. 

The new law has already faced opposition. The New York Civil Liberties Union (NYCLU) criticized Nassau County’s ban in a press release, arguing that the law prioritizes “a culture war over protecting the rights and well-being of [Blakeman’s] own residents”

“Officials should be supporting New Yorkers’ right to voice their views, not fueling widespread doxxing and threatening arrests,” said Susan Gottehrer, Nassau County Regional Director of the NYCLU. “Masks also protect people’s health, especially at a time of [increased cases of a disease], and make it possible for people with elevated risk to participate in public life.” 

New York state senator Iwen Chu posted a [statement] last week arguing that the legislation “may lead to anti-Asian hate and discrimination” because wearing masks is  “common practice in many Asian cultures.”

The law exempts people who wear masks for health, safety, and religious purposes or “peaceful celebration.”

Although the COVID-19 pandemic led to the widespread use of masks for infection protection, Hochul is not the only leader who has proposed potential mask bans or stricter penalties for protestors wearing masks. 

In June, North Carolina passed a mask restriction, allowing people to wear medical or surgical-grade masks in public to prevent spreading contagious disease, but law enforcement and property owners can request that individuals remove those masks to verify their identity. The measure also enhances the punishment for crimes committed while wearing a mask.

There is a long history of mask bans in the United States, especially in the 1940s and 1950s when members of the Ku Klux Klan wore face coverings to hide their identity. Mask bans have been utilized to suppress protestors in the past, but as protests over the Israel-Gaza war have intensified this year, some states and cities have revived and reintroduced some of these laws to discourage protestors from wearing masks.