NEW YORK (AP) — Police in the suburbs surrounding New York City have made their first arrest under a recently enacted local law that prohibits wearing face masks, officials reported on Tuesday.
Nassau County Police responded to a call late Sunday night about a suspicious individual near the border of Levittown and Hicksville, which is approximately 30 miles (48 kilometers) east of Manhattan.
Upon arrival, officers discovered Wesslin Omar Ramirez Castillo, 18, dressed in black and sporting a black ski mask that obscured his face except for his eyes.
Police noted that the young man exhibited strange behavior, such as trying to hide a large bulge in his waistband and disregarding the officers’ instructions.
The bulge was later identified as a 14-inch knife. Ramirez Castillo was arrested without incident, according to the police department.
On Monday, he was arraigned in Nassau County District Court in Hempstead, facing misdemeanor charges that include criminal possession of a weapon and obstructing governmental administration, as stated by Nassau County District Attorney Anne Donnelly’s office.
Lieutenant Scott Skrynecki, a spokesperson for the police department, mentioned that Ramirez Castillo is also expected to face misdemeanor charges related to the mask ban in the coming days.
Nassau County Executive Bruce Blakeman, a Republican who signed the mask prohibition into law earlier in the month, noted that the arrest demonstrates the law’s effectiveness.
He stated in an email, “Our police officers were able to utilize the mask ban legislation along with other factors to stop and question someone who was armed and likely intended to commit a robbery. This law provides police with an additional tool to apprehend dangerous individuals.”
Keith Ross, a criminal justice professor at John Jay College of Criminal Justice in New York City, indicated that while police could have stopped and questioned Ramirez Castillo without the new law, it provided them with stronger grounds for doing so.
“The law offers police reasonable suspicion to conduct a stop,” explained Ross, a former New York City police officer. “In New York state, they can forcibly stop someone if they believe that person is involved in a felony or a penal law misdemeanor, which is applicable in this situation.”
However, Scott Banks, Chief Attorney at the Legal Aid Society of Nassau County, which is representing Ramirez Castillo, contested this viewpoint. He stated, “There’s no evidence to suggest that wearing a face mask was meant to hide one’s identity or to engage in criminal activity. If this was the reasoning behind the stop, it could be deemed unlawful.”
Skrynecki chose not to comment further, adding that officials would address the incident in a news conference on Wednesday.
The New York Civil Liberties Union has criticized the new law, warning that it opens the door for potential biased enforcement by a police department known for aggressive and discriminatory practices.
Disability Rights of New York, an advocacy group for individuals with disabilities, filed a legal challenge against the mask law last week, arguing that it is unconstitutional and discriminates against people living with disabilities.
This federal class action lawsuit aims to obtain a temporary restraining order and a preliminary injunction to halt enforcement of the ban immediately.
The Mask Transparency Act, passed by the county’s Republican-controlled legislature, was a response to “antisemitic incidents, often committed by individuals wearing masks,” in the wake of the Israel-Hamas conflict that began on October 7. The law classifies it as a misdemeanor, punishable by up to a year in jail and a $1,000 fine, for anyone in Nassau County to wear a face covering intended to conceal their identity in public. Exceptions are made for masks worn for health, safety, religious, or cultural purposes, as well as during the peaceful celebration of holidays or events where masks or facial coverings are traditionally worn.
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This story was initially published on August 27, 2024, and updated on August 28, 2024, to correct the location where the defendant was arraigned. It took place at the Nassau County District Court in Hempstead, not at Family Court in Westbury.
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