Nassau mask ban: Case dropped against first protester arrested under law

Criminal case against first protester charged in Nassau dismissed mask ban in the stateA pro-Palestinian activist wearing a keffiyeh at a demonstration.

Xavier Roa, 26, of Bellmore arrested during the Sept. 15 show in Cedarhurst. At the time, the police department announced that an officer was subsequently taken into custody. he asked He asked whether the veil, a symbol of Palestinian culture and nationalism, was being used for an exempt purpose such as a medical or religious reason, saying it was worn “in solidarity with the Palestinian movement.”

The firing was confirmed Saturday in an email from Nicole Turso, a spokeswoman for Nassau County District Attorney Anne Donnelly. “The case was thoroughly investigated and as a result, NCDA determined that the allegations could not be proven beyond a reasonable doubt and moved to dismiss the charges,” Turso said.

Roa was indicted in Nassau Mask Transparency ActThis makes it a misdemeanor to cover one’s face in public except for religious or medical purposes. The maximum penalty is one year in prison and a $1,000 fine.

Det. Nassau police spokesman Lt. Scott Skrynecki declined to comment.

Roa’s attorney, Geoffrey Stewart, said the case was dismissed Friday. Stewart said he would challenge the law on constitutional grounds, among other things, if it were to go to trial. He said it’s not enough to just exempt masking for religious and medical reasons.

“If it came to this, we would argue that you should also protect people’s political expression. Sometimes people’s clothing can be part of that expression,” he said.

Stewart, whose practice is in Manhattan, said his client did not try to hide his identity, his face was covered only for a moment and police were able to see him throughout most of the demonstration.

The protest took place across the street from the Young Israel Lawrence-Cedarhurst synagogue on Sunday. in questionA real estate auction was being held inside for the sale of Palestinian lands.

The law was introduced by County Executive Bruce Blakeman in August and approved by the Republican-controlled legislature on the grounds that it would prevent those who intimidate others or commit acts of violence or harassment from avoiding accountability. The law is opposed by civil rights groups, as well as disability rights advocates, public health experts and others, who say it is unconstitutional.

Blakeman’s spokesman, Christopher Boyle, declined to comment on the dismissal.

A federal judge in September dismissed A lawsuit challenging the ban.

Protesters wear the keffiyeh for a variety of reasons besides solidarity. to contain used to protect their identities from people trying to find out who they are and harassing them online; This is called doxxing. Opponents of wearing keffiyeh liken wearing a Ku Klux Klan hood in public.

There were other arrests under Nassau law; Details of those cases, including one a few weeks before Roa’s arrest, were not immediately available: a masked attempted burglar was arrested and was the first to be charged.

A Newsday reporter since 2007, Matthew Chayes has covered New York City.