MINEOLA, N.Y., Aug. 5, 2024 – The Nassau County Democratic Legislative Minority, led by Minority Leader Delia DeRiggi-Whitton, introduced emergency legislation that enhances penalties against criminals who use face coverings in the commission of a crime and are convicted of a misdemeanor or felony. The legislation also addresses glaring deficiencies contained within a Republican anti-mask bill – one that legal experts warned will be overturned by the courts if passed.
“Our bill respects individual freedoms by not imposing blanket prohibitions on wearing masks in public. Law-abiding citizens could wear masks for health, safety, religious, or celebratory purposes without fear,” said Minority Leader Delia DeRiggi-Whitton. “Unlike the broad and punitive Republican bill, our approach avoids unconstitutional overreach and respects personal liberties.”
Comparison of the Bills:
Scope and Intent:
- Democratic Proposal: Specifically targets individuals who use masks to conceal their identity while committing a crime, enhancing the punishment by increasing the offense severity.
- Republican Bill: Applied broadly to any public space without requiring the commission of a crime to trigger penalties. Introduces a new misdemeanor offense for wearing a mask in public without a permitted reason, with fines up to $1,000 or imprisonment for up to one year.
Civil Liberties and Individual Freedoms:
- Democratic Proposal: Protects civil liberties by targeting only those who used masks during criminal activities, thus not infringing on the general public's right to wear masks for legitimate reasons.
- Republican Bill: Infringes on individual freedoms by broadly prohibiting mask use in public places, even if no crime was being committed, raising concerns about overreach and the restriction of personal liberties.
Constitutionality and Legal Challenges:
- Democratic Proposal: Legal and able to withstand legal scrutiny as it specifically addresses criminal behavior, reducing the risk of constitutional challenges related to freedom of expression and personal rights.
- Republican Bill: Faces a high risk of being deemed unconstitutional due to its broad restrictions on mask-wearing in public and reliance on trying to deem someone’s intent to commit a crime, potentially leading to costly legal battles for the county.
Practical Enforcement:
- Democratic Proposal: Easy to enforce as it required law enforcement to act only when a crime was being committed, reducing the burden on police resources and avoiding arbitrary stops.
- Republican Bill: Difficult to enforce fairly, as it required constant monitoring of public spaces and could lead to profiling or unjustified stops, increasing tension between the public and law enforcement.
“We call on the Republicans to adopt our proposal instead of their blatantly illegal, controversial, and flawed legislation, which will be overturned by the courts and will cost taxpayers significant amounts of money,” Minority Leader DeRiggi-Whitton added. “Our approach ensures efficient use of police resources and fosters a better relationship between the community and law enforcement.”
To date, Republicans have failed to meet with Minority Caucus counsel to discuss bipartisan solutions aimed at protecting the health and safety of Nassau County residents. Minority Leader DeRiggi-Whitton stressed that the caucus remains open to meeting to craft legislation that achieves that goal and is constitutionally sound.
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