A 18-year-old was arrested on Long Island over the weekend and charged with possessing a knife and wearing a mask in public, becoming the first person to face potential punishment over Nassau County’s new ban on face coverings.
Wesslin Omar Ramirez Castillo sparked concern Sunday night as he walked down Spindle Road in Levittown.
He was “dressed in black and wearing a mask to conceal his identity,” which was enough to frighten residents into calling for help, the Nassau County Police Department said in a press release Monday.
An image released by police shows Ramirez Castillo sporting a dark-colored ski mask, with only his eyes visible.
When officers arrived on the residential street just before 8 p.m., they spotted Ramirez Castillo, who displayed “suspicious behavior while attempting to conceal a large bulge in his waistband which turned out to be a 14-inch knife,” police said.
Following a pat-down and search, the suspect refused to cooperate with officers and “he was placed under arrest without further incident.”
Ramirez Castillo was subsequently charged with criminal possession of a weapon and obstructing governmental administration as well as violating the Mask Transparency Act, which was signed into law by Nassau County Executive Bruce Blakeman on Aug. 15.
The legislation has been held up as a public safety measure, aimed at cutting down crimes involving people wearing masks.
However, Ramirez Castillo’s legal team was skeptical that his arrest was legal.
“We don’t believe the police have a constitutional basis to stop and detain Mr. Castillo for wearing a face mask under longstanding New York State law,” said Scott Banks, attorney-in-chief at the Legal Aid Society of Nassau County, which is representing the teen.
The law has already been challenged in court under the Americans with Disabilities Act, though it contains exemptions for health and religious reasons.
“Our police officers were able to use the mask ban legislation as well as other factors to stop and interrogate an individual who was carrying a weapon with the intent to engage in a robbery,” Blakeman said in a statement to the New York Times. “Passing this law gave police another tool to stop this dangerous criminal.”
Banks, however, pointed out that Ramirez Castillo was charged with a misdemeanor, not a robbery.
“The police didn’t stop a robbery,” he told the Daily News. “They didn’t see a robbery. … “[We’re] a long way from going into what his intent was.”