Police in Nassau County in New York did not likely have a "constitutional basis" to stop and arrest an 18-year-old man over the weekend after he was seen wearing a mask in public in violation of a controversial ban on face coverings officials passed earlier this month, according to the head of the county's legal aid office.
"[There is] no basis to believe that the alleged wearing of a face mask, as alleged in this case, was intended to conceal identity or purported criminal behavior which the Nassau law is intended to deter," Scott Banks, the attorney in chief for the Legal Aid Society of Nassau County, told NBC News.
He declined to comment further on the specifics behind the arrest of Wesslin Omar Ramirez Castillo, 18, of Hicksville, New York.
Banks added that if Castillo, the first person arrested under the new law, was stopped simply because of the mask, "there certainly a strong reason to conclude it was unlawful under New York law."
Castillo was arrested in Levittown, New York, on Sunday after reports that there was a "suspicious male" walking down a road dressed in black and "wearing a mask to conceal his identity," according to Nassau County Police.
They released a photo of Castillo showing him wearing a ski mask that covered all of his face except for his eyes.
Officials said he was allegedly displaying "suspicious behavior while attempting to conceal a large bulge in his waistband," which turned out to be a 14-inch knife after officers patted him down.
He is facing charges of violating Nassau County's new Mask Transparency Act, as well as criminal possession of a weapon and obstructing governmental administration. He was arraigned Monday.
The mask ban was signed into law on Aug. 15 in the county, which covers part of Long Island. It was touted as being a public safety measure in response to "antisemitic incidents, often perpetrated by those in masks," since the Israel-Hamas war started last Oct. 7, said County legislator Howard Kopel.
Those found guilty of violating the law, which exempts people who wear masks for health or religious reasons, can face up to a year in jail and a $1,000 fine.
The ban has been challenged in federal court under claims that the law violates the Americans with Disabilities Act and can open people with health issues up for ridicule. Critics also claim the ban is a risk for people who want to protest peacefully but still conceal their identities.