(The Center Square) — New York lawmakers are weighing a proposal that would make it a crime to wear face masks to harass or threaten someone in response to recent incidents of intimidation by face-covered demonstrators.
The proposal, filed by a group of Democratic lawmakers, would make it a misdemeanor to wear masks to “harass or threaten others” with exemptions for medical, religious and weather-related uses.
“This measure is not only a legal necessity, but a moral imperative to ensure the rights of all New Yorkers are protected to the fullest extent of the law,” the bill’s sponsors wrote in a summary. “Masked actors, like the KKK in the past, frequently rely on their anonymity to intimidate, provoke violence, and carry out acts of terrorism.”
The proposal is expected to be opposed by civil liberties advocates, who warn that the law could lead to selective enforcement of minorities and infringe on the free speech rights of peaceful protesters.
In a memo, the bill’s primary sponsor state Sen. Jim Skoufis, D-Cornwall, said the legislation was designed “to adhere to and uphold free speech protections enshrined in the U.S. and New York Constitutions and provides specific carve outs for face coverings worn for, among other reasons, the protection of one’s health and for safety or religious reasons.”
“Nothing in this bill is intended to be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States or Article I of the Constitution of the State of New York,” he wrote.
In 2020, New York state repealed an 1845 ban on wearing masks in public places in response to the COVID-19 pandemic when state leaders and health officials urged people to cover their faces to prevent the spread of the COVID-19 virus.
Backers of reinstituting masking restrictions say New York “faces a new era of masked harassment and intimidation” with individuals “targeting others with violence and intimidation using masks and other face coverings as a tool to place their targets in fear of physical harm.”
New York Gov. Kathy Hochul and New York City Mayor Eric Adams have expressed support for a partial mask ban on subways in response to recent antisemitic incidents and protests by face-covered demonstrators, but neither Democrat has filed legislation.
Senate Minority Leader Rob Ortt, R-North Tonawanda, has filed a bill that would make wearing a “deceptive” mask during a protest or public gathering a misdemeanor crime, punishable by up to 90 days in jail.
In August, Nassau County Executive Bruce Blakeman, a Republican, signed the Mask Transparency Act. The law makes it illegal to wear a mask or face covering “for the purposes of concealing an individual’s identity in public places.” The law exempts people who cover their faces for health, religious or cultural reasons. Misdemeanor violators face up to a year in jail and a $1,000 fine.
Nassau lawmakers who approved the bill said it was in response to violent pro-Palestinian demonstrations in New York targeting the Israeli government in which protesters hid their identities with scarves and face coverings.
