Nassau County officials on Wednesday used the arrest of a man who allegedly wore a mask in public as an opportunity to justify their new ban on face coverings – even though he has not been charged with violating that law. And they used it as an opportunity to criticize state and national policymakers on everything from bail reform to immigration policy.
Republican County Executive Bruce Blakeman held a news conference three days after the arrest of 18-year-old Wesslin Omar Ramirez Castillo of Hicksville. Police said he was wearing a ski mask while walking in a suburban neighborhood Sunday night. Police later found a 14-inch knife in his waistband.
Despite police’s initial public statements that Ramirez Castillo was arrested for violating a new local law prohibiting the wearing of face coverings in public, he was not charged, according to court documents. He was arraigned on Monday and pleaded not guilty to two counts of unlawful possession of a firearm and resisting arrest.
The arrest and possible prosecution of Ramirez Castillo could affect the public dialogue about the now-tense debate over whether people in public, including protesters, have the right to conceal their identities. Nassau’s law targeted what Blakeman called anti-Semitic attacks, but critics say it is being used as a pretext by police to target people of color. The law makes exceptions for religious and health reasons, but generally prohibits groups from wearing masks in public, regardless of criminal activity, and gives police broad powers to stop people who cover their faces.
County officials on Wednesday attributed the new law to an unidentified resident calling 911.
“The fact that he was wearing the mask made the caller suspicious and prompted him to call us,” said Police Commissioner Patrick Ryder.
Blakeman used the opportunity to offer further, now hackneyed, criticism of state and national policies that he believes undermine public safety.
“Cashless bail for the migrants,” he said. “The fact that (Immigration and Customs Enforcement) can’t detain these illegal immigrants now, the fact that people are wearing masks to hide their identities, committing crimes and engaging in hate acts.”
“This is the result,” he said, pointing to the knife that Ramirez Castillo is accused of possessing. It was brought to the stage and shown to the media.
During the press conference, Ryder said Ramirez Castillo entered the country illegally, but said he did not know his exact immigration status. Ryder also said the probable reason for the arrest was a “bulge” in Ramirez Castillo’s waistband — not the ski mask he was allegedly wearing.
Ramirez Castillo’s lawyers called the county’s mask ban unconstitutional and questioned whether the case would proceed in court.
“From our perspective, it appears that the police lacked any constitutional basis under New York State law to stop and arrest Mr. Castillo for wearing a face mask,” said Scott Banks, chief counsel for the Legal Aid Society of Nassau County.
Gov. Kathy Hocul and Mayor Eric Adams have also called for bans on face coverings in certain cases. Adams has said he supports a ban on masks on the subway, but has not proposed laws requiring masks to be worn during protests or for non-health-related reasons. Hochul has said she wants to increase penalties for crimes committed while the offender is wearing a mask.
Beth Haroules, senior staff attorney at the New York Civil Liberties Union, called Blakeman’s boastful announcement of Ramirez Castillo’s arrest “silly” and said she was concerned it could be used to suppress free speech.
“The mask ban in Nassau County is ripe for selective enforcement by a police department with a history of aggression and discrimination,” she said.
