When New York’s Nassau County signed the first county-level mask ban into law in August, its deputy police commissioner, Kevin Smith, told local news that training was “being conducted [in] the department, which means across ranks.”

But that has not happened, according to the New York Civil Liberties Union. Through an information request reviewed by Mother Jones, NYCLU, a state affiliate of the American Civil Liberties Union, requested policies and training materials used to instruct the county’s police on enforcing the ban. In return, the group received a three-page legal bulletin on the “Mask Transparency Act,” and a six-slide presentation, including a title page, briefly going over the new law. The presentation reiterates the bulletin’s explanation of the law, as well as saying police officers still need to follow Fourth Amendment protections against unreasonable search and seizure—but there is little else.

“There’s none of the sort of type of training and guardrails you would expect to see in a police procedure or in a training module around how you interact with members of the public,” said Beth Haroules, a senior staff attorney at NYCLU.

The very brief materials also do not address people’s rights in protecting their health information from police, which also underscores why police officers cannot independently determine whether someone is wearing a mask for health reasons. “You’re not allowed to interrogate somebody about their private health information, or family member’s or loved one’s health information,” Haroules continued, “including whether or not you’re just Covid cautious,” something county law enforcement seems to have overlooked altogether.

The Nassau County Police Department did not respond to Mother Jones’ request for comment on the extent of its training.

The law allows Nassau County police four reasons to question people about their mask-wearing—among them, when they are gathered in a public space with other people who are wearing masks. Haroules notes that this seems to clearly target people at protests, especially recent waves of pro-Palestinian protests, some of whom may be wearing masks for health reasons—but the implications for who the ban could suddenly impact would be much wider.

“You could be waiting at a bus stop at Nassau County with a mask on, and then, suddenly, three or four more people show up,” Haroules said. “You’re all subject to arrest or interrogation as to whether or not you have a right to wear that mask.”

As Mother Jones previously reported, fear of being interrogated by police over masking has led Disability Rights New York to sue Nassau County in federal court on behalf of two disabled residents.

Since the mask ban law was enacted, two people have been charged with misdemeanors for violating it, punishable by up to a year in jail and a $1,000 fine. In both cases, Haroules says, “there probably wasn’t probable cause to arrest either gentleman.”

Haroules agrees with concerns that people of color will be disproportionately targeted for wearing masks. The Nassau County Police Department, Haroules says, “has a documented history of inappropriate interactions with people of color.” (It also has a troubled record on other fronts, including around residents’ civil rights.)

Choosing to wear masks, as Haroules told Mother Jones she herself continues to do on public transportation, is an individual decision which mask bans threaten. Having other community members “enforcing the mask ban by threatening to call police,” Haroules says, “really suggests that there’s a societal problem.”

All but three US states have very high or high levels of Covid-19 in their sewage right now, according to the CDC. Due to a drop in efforts to count individual cases, that data is the most accurate way to paint a picture of the current extent of Covid cases—and it’s bad.

In addition to wearing respirators, getting the updated Covid vaccine (mRNA shots were approved last week, and the Novavax vaccine this week) is an important way to reduce one’s chance of getting the infectious disease. Even if a person contracts it, the shot will reduce their risk of death and developing Long Covid.

But for uninsured and underinsured Americans, the vaccine has just gotten significantly more costly. On August 22, the CDC sunsetted its Bridge Access Program, which provided free Covid vaccines to 1.5 million Americans over the past year. A CDC spokesperson told Mother Jones that the sunsetting was a consequence of the new 2024-2025 vaccines being approved—which meant the 2023-2024 vaccines could no longer be administered. But many people did not know that the program would only cover the vaccine approved last year—just that it would end in August, potentially after the new shots became available. The CDC’s page on the program, which was live until some point Friday, did not clarify any of this information.

“For every step that you add in the process of trying to get a vaccine, you’re going to lose people.”

A rhetorical staple of the Biden administration is that it’s ensured people have the tools to fight Covid—but that is not the case for people unable to afford the updated vaccine out-of-pocket, which typically costs around $200.

Elizabeth Jacobs, an epidemiologist and professor emeritus at the University of Arizona, has studied the reasons why people do not get Covid-19 boosters. One reason, Jacobs says, is the logistics and challenges of getting the vaccines. 

“For every step that you add in the process of trying to get a vaccine, you’re going to lose people,” Jacobs said.

Even before the end of the Bridge Access Program, getting vaccines has not always been easy. One person who spoke to Mother Jones said that he had to explain how the Bridge Program worked to pharmacists before he could get vaccinated for free.

The CDC, however, did announce that it has allocated $62 million for state and local health departments to buy vaccines for uninsured and underinsured people. However, the current surge and delays in implementation means people may fall by the wayside. 

“I do have faith that $62 million will be used well to provide vaccines,” says Emory University epidemiology professor Jodie Guest. “Unfortunately, we just don’t have the details for how that will be done yet.” 

Guest also notes that the up-front cost of subsidized vaccines is less of a burden on the healthcare system than a spike in the number of people severely ill with Covid. It is hard to know just how many people are currently hospitalized with Covid complications, as hospitals have not been required to report cases to the federal government since May. But the requirement to report respiratory viruses in hospitals will resume on November 1. 

Since early in the pandemic, research has highlighted the risks of severe illness that low-income people, who are more likely to have chronic health conditions, face with Covid. These risks remain, and while it’s important that people with Medicare and Medicaid will be able to get updated vaccines, so should low-income people without health insurance.

“Vaccines are only as good as how vaccinated our immediate communities are.”

Children whose guardians are uninsured and underinsured will still be able to get vaccinated for free through the Vaccines for Children program, initially established by Congress in 1993 to make sure more kids were being vaccinated against measles. Chrissie Juliano, the executive director of the Big Cities Health Coalition, says that the ending of the Bridge Access Program underscores the “need for a permanent Vaccines for Adults program.” The Biden administration has proposed funding a Vaccines for Adults program in its proposed budget for the next fiscal year, but Congress could still reject it. In the meantime, Guest also recommends that people search for coupons at pharmacies that could bring down out-of-pocket costs. 

“Vaccines are only as good as how vaccinated our immediate communities are,” Juliano said. “Vaccines protect us when we individually get it, but we really depend on our neighbors, our family, our friends [and] our classmates to also be fully vaccinated.”

While Covid-19 vaccines can reduce transmission, they are not perfect yet, which highlights the importance of wearing N95 and KN95 masks during surges, especially in medical settings, while traveling, and in other crowded indoor settings.

Jacobs finds it frustrating that masking is no longer promoted by public health agencies as it has become further politicized. “It is an established fact that respirators or high-quality masks reduce your risk significantly of becoming infected,” Jacobs said.

Last week, Nassau County, on New York’s Long Island, became the first county in the US to ban the public wearing of masks—with very vague health exemptions—since the start of the Covid-19 pandemic. The Nassau ban follows a similarly controversial statewide mask ban in North Carolina that took effect in June.

Several concerns have been raised about Nassau’s mask ban, including that police officers—not experts in public health or medicine—are tasked with determining whether an individual is wearing a mask for valid health reasons. But another is that the pandemic is not over, and wearing medical masks while grocery shopping or even at a protest is meant to limit exposure to the disease—and some residents expect a ban to lead to harassment by local anti-maskers.

The county’s move has prompted the first class-action lawsuit against a mask ban, filed Thursday in federal district court by Disability Rights New York against Nassau County and county executive Bruce Blakeman on behalf of two anonymous residents.

“This mask ban poses a direct threat to public health and discriminates against people with disabilities,” said Timothy A. Clune, the group’s executive director, in a press release.

One of the residents, who lives with cerebral palsy and asthma, said they were stopped and questioned by other residents after the ban was passed—even before it was enacted—and, according to the complaint, now “fears that they will be arrested…because there is no standard for the police to follow to decide if they meet the health exception.”

The other resident represented in the complaint, who masks due to various immune conditions, the complaint says, is now “terrified to go into public wearing a mask.”

Both complainants say that masking has enabled them to participate in public life as disabled people during the ongoing pandemic. Disability Rights NY argues in the suit that the ban as written is unconstitutional, and violates both the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, both key items of federal civil rights legislation, by denying disabled people access to their own communities.

“Local laws that abrogate or curtail rights conferred by federal law are…rendered invalid,” the complaint reads.

Given that Covid can itself disable people, Jason Cohen, a neurologist who lives in Nassau, has major concerns about how the mask ban will play out.

“I care for many patients who have brain fog from Covid and many more who are at higher risk of brain damage from Covid,” Cohen said. “Anything that discourages masking among those who want to mask is a travesty and public health disaster.”

Cohen also says that governments “should not force people to disclose their personal medical information to police in order to negotiate their way out of being accused of a crime.”

Some disabled people nevertheless have concerns about the suit itself. Ngozi, a Black disabled person who lives just over the county border in Queens, is concerned that it will end in “some type of negotiation with the state that results in keeping the law intact,” which would maintain the risk of racial profiling.

“I do not have faith in the state,” Ngozi said. “A lawsuit will not resolve the threat of mask bans anytime soon.”

Disability Rights New York is requesting a declaratory judgment that Nassau County’s mask ban violates federal law, as well as a restraining order. The complaint in its entirety can be read below.

There are more than 400,000 people with Long Covid in Minnesota—the home state of Democratic vice presidential nominee Gov. Tim Walz—according to the state’s health department. A post-viral illness with serious impacts to quality of life and ability to work, Long Covid is also a workers’ rights issue: not being able to rest during and after a Covid infection makes people more likely to develop it.

Under Walz’s leadership, in May of last year, Minnesota became the first state to dedicate funding to Long Covid and associated conditions, including myalgic encephalomyelitis/chronic fatigue syndrome and postural orthostatic tachycardia syndrome. Billy Hanlon, the Minnesota ME/CFS Alliance‘s director of advocacy and outreach, says that Walz was instrumental in pushing for the legislation.

ME/CFS and POTS are not new conditions, but patients with both have long experienced their symptoms being dismissed by physicians. A 2016 study estimates that around one in four people with ME/CFS are largely confined to bed by their symptoms.

In May '23, MN became the first state in the US to pass dedicated funding for Long COVID & related conditions (ME & POTS), w/Gov. Walz instrumental in this legislation

'Gov. Walz budget proposal seeks $6.3M for emerging long COVID crisis' [March '23]https://t.co/qcF2cQHQf3… https://t.co/UWBrsdkgW9

— Billy Hanlon (@bhanlon15) August 6, 2024

Now, with Walz a prospective Vice President, Long Covid and related conditions may have a more highly placed advocate than ever before—with a demonstrated record of working to combat this post-infectious disease. Hanlon says a federal response “should include increased baseline funding to the NIH and federal health agencies to support the expedition of clinical interventions.”

“As Vice President, we hope and urge Gov. Walz to continue to prioritize this crisis that is impacting over 20 million Americans and only growing,” Hanlon told Mother Jones. “It will take our highest levels of leadership at the federal level to respond with the urgency that this crisis demands.”

Walz is not the only pro-labor politician pushing for more funding to address Long Covid: just last week, Vermont Sen. Bernie Sanders introduced a bill that would allocate $1 billion annually across a decade for Long Covid–related research.

Currently, the only way to completely avoid Long Covid is to not get Covid-19, which reinforces the importance of mask-wearing and adequate air filtration. But with more research funding, doctors may be able to develop a better understanding of how to manage Long Covid symptoms—which can include post-exertion malaise, heart palpitations and hives—more quickly. “Just as COVID-19 is not going away,” Walz wrote in his 2023 funding proposal, “Long COVID is not going away.”

President Joe Biden recently got Covid-19 for a second confirmed time this week—along with many other people across the United States, with wastewater showing surges in multiple states.

Given how many people the president sees and interacts with, it might be surprising that he hasn’t had Covid more often. The difference: this is the first major Covid wave where people around the president are no longer regularly testing. From his inauguration through March of this year, anyone visiting Biden at the White House had to test for Covid-19. Then the administration ended that practice—and Biden promptly got it again, a cautionary tale that drives home wider government failures to set public health ahead of getting “back to normal.”

Ten months earlier, in May 2023, the Biden administration ended the Covid-19 public health emergency, claiming that Covid “no longer meaningfully disrupts the way we live our lives.” That’s easier to say when everyone around you has to regularly test for the disease. Many people do not have ready access to Covid tests, and messaging from the US government that the pandemic is “over” doesn’t encourage people to get tested, nor to wear masks. Biden’s reluctance to mask publicly in recent months, even after ending regular tests for visitors, is the most visible—and important—example.

But Biden has the ability to dial back campaigning and isolate, working a limited schedule remotely. That privilege is not afforded to many other Americans, especially the blue-collar workers the administration claims to champion—who may not be able to pay their bills if they take time off. Ample rest reduces the risk of developing Long Covid; with workers being pressured to return to their jobs prior to five days—what the CDC previously recommended when someone is symptomatic—their risk of developing a long-term chronic illness increases, and the risk of losing their jobs with it.

Around 17 million adults in the US have Long Covid, according to the Kaiser Family Foundation. For many, it’s a serious medical condition—the kind Biden has said could make him consider dropping out of the race. If he did, he would still have better treatment options than almost anyone else—another factor that might shape his risk tolerance.

There are many Americans who take Covid-19 seriously and encourage other people to do the same. Most do not have the same luxury of first-rate medical care, and anti-mask legislation like that in North Carolina can also lead them to be the target of harassment. 

Later this year, Biden will get his updated Covid-19 booster. But again, many Americans will not be able to, as the program providing free Covid vaccines and boosters is sunsetting. Biden’s pandemic just isn’t the same as that of millions of working-class, low-income and disabled people. The weeks following his recovery, and the remainder of his term, are a chance to set a different example—both in his own pandemic safety choices and his administration’s.

President Joe Biden recently got Covid-19 for a second confirmed time this week—along with many other people across the United States, with wastewater showing surges in multiple states.

Given how many people the president sees and interacts with, it might be surprising that he hasn’t had Covid more often. The difference: this is the first major Covid wave where people around the president are no longer regularly testing. From his inauguration through March of this year, anyone visiting Biden at the White House had to test for Covid-19. Then the administration ended that practice—and Biden promptly got it again, a cautionary tale that drives home wider government failures to set public health ahead of getting “back to normal.”

Ten months earlier, in May 2023, the Biden administration ended the Covid-19 public health emergency, claiming that Covid “no longer meaningfully disrupts the way we live our lives.” That’s easier to say when everyone around you has to regularly test for the disease. Many people do not have ready access to Covid tests, and messaging from the US government that the pandemic is “over” doesn’t encourage people to get tested, nor to wear masks. Biden’s reluctance to mask publicly in recent months, even after ending regular tests for visitors, is the most visible—and important—example.

But Biden has the ability to dial back campaigning and isolate, working a limited schedule remotely. That privilege is not afforded to many other Americans, especially the blue-collar workers the administration claims to champion—who may not be able to pay their bills if they take time off. Ample rest reduces the risk of developing Long Covid; with workers being pressured to return to their jobs prior to five days—what the CDC previously recommended when someone is symptomatic—their risk of developing a long-term chronic illness increases, and the risk of losing their jobs with it.

Around 17 million adults in the US have Long Covid, according to the Kaiser Family Foundation. For many, it’s a serious medical condition—the kind Biden has said could make him consider dropping out of the race. If he did, he would still have better treatment options than almost anyone else—another factor that might shape his risk tolerance.

There are many Americans who take Covid-19 seriously and encourage other people to do the same. Most do not have the same luxury of first-rate medical care, and anti-mask legislation like that in North Carolina can also lead them to be the target of harassment. 

Later this year, Biden will get his updated Covid-19 booster. But again, many Americans will not be able to, as the program providing free Covid vaccines and boosters is sunsetting. Biden’s pandemic just isn’t the same as that of millions of working-class, low-income and disabled people. The weeks following his recovery, and the remainder of his term, are a chance to set a different example—both in his own pandemic safety choices and his administration’s.