Those who conceal their identities and engage in acts of intimidation, posing a threat, and causing fear. They lurk around homes, schools, and businesses, their faces obscured, igniting a flaming cross while parents console their trembling children. Faces hidden in the shadow, spreading a reign of terror against Black Americans without retribution. This narrative is a part of our history. As a child of the 1960s, raised in the confines of New Orleans within the clutches of the Jim Crow South, I am painfully aware of America’s dark past. Today, that history seems at risk of being reenacted. As Black Americans, we recognise the warning signs all too well. That’s why we’re sounding the warning bell.
My gaze shifts from the past to understand the present, and I am heartened by Gov. Hochul’s efforts to establish tougher and fairer measures against masked harassment. The hoods have changed; they’re no longer solely white and pointed. Instead, they come in the form of various masks like balaclavas, scarves, wraps and shrouds of all types. Irrespective of their form, their primary purpose remains the same as their historical counterpart, the Ku Klux Klan: to hide the face, empowering the wearer to act with unaccountable liberty.
This troubling pattern is observed in how Neo-Nazis, Proud Boys, modern Klan members, and other harmful white nationalist groups have marched with obscured faces, instilling fear and committing acts of disturbance in communities throughout the state, inclusive of Ballston, Saratoga Springs and Waterford. Additionally, this trend is evident when peaceful protests escalate into anarchy, with participants concealing their identities to partake in targeted violence, threats, hate crimes and even worse atrocities.
While this may be a prevailing issue in New York, it’s evident that these face disguises are not worn for health protection, but rather employed as tools for violence. For over a hundred years, New York and many other states held legislation forbidding such acts. The law made it criminal to keep one’s identity a secret while indulging in specified behavior. Mechanisms like these were instrumental in pushing the Klan into the shadows as they found it difficult to perpetuate their reign of terror without the cover of anonymity.
In the peak of the COVID-19 pandemic in 2020, New York lawmakers withdrew the aforementioned legislation. The current crisis of disguised harassment is an unforeseen fallout of the decision not to reinstall the law once the critical threat of the virus had eased. Now, the time is ripe for action. New York has the power to liberate itself from the stronghold of Klan-inspired tactics. We need not tolerate the usage of face coverings as a means to target individuals indiscriminately in various spheres of life — be it at home, in workplaces, or during transit.
The proposed solution backed by Hochul reflects legislation laid out earlier this year that aims to restore the repealed law inhibiting masked intimidation, while updating it to suit today’s context. The strategy is robust, fair, and executable, and it is invigorating to see that district attorneys are dealing with it earnestly. The proposed law pinpoints those who conceal their faces while engaging in verbal or physical intimidation and violence, while respecting and securing everyone’s fundamental right to utilize their voice peacefully.
However, lawmakers need to remain vigilant. The constantly lingering threat of false information and its propagation cannot be overlooked. Take, for instance, the misinterpretations of the anti-masking law passed in Nassau County the previous year, which essentially legitimized stop-and-frisk and cast a shadow on the right to protest. The language in the proposed budget is categorically different. Merely donning a mask and protesting in a peaceful manner is not, and should not be, a crime.
The proposed legislation also includes safeguards specifically for those New Yorkers who wear face coverings for health, work, or religious reasons. The language of the law, which I endorse, was shaped after rigorous deliberations over several months and serves an exclusive purpose: to maintain public safety without compromising basic rights.
Recent polling showed that 75% of New Yorkers from all demographics believe that the state requires a law against masked harassment. The same survey revealed that 67% of Black voters in New York fear being victims of targeted harassment or hate crime. This is why I’ve decided to move from the periphery and join community leaders in advocating for its passage.
It’s high time to outlaw masked harassment again. As someone aware of our past, I have committed wholeheartedly to not standing by idly while our history seems on the verge of echoing itself, and I refuse to let that happen.