A legislative initiative was presented in the New York Senate last week, proposing to criminalize the use of face masks for intimidation or threat to another individual. The newly proposed statute, called ‘masked harassment’, would fall under the current harassment laws of New York, while exemptions apply for medical needs and cold weather wear.
The bill was brought forth by State Senator James Skoufis, a Democrat. Skoufis elaborated his purpose behind the legislation was creating a legal avenue for authorities to address instances of masked individuals posing threats or creating a sense of intimidation. He emphasized that this is not an effort to ban face coverings across the board.
Under the new bill, the act of using a mask primarily for intimidating or threatening another person, or to instill legitimate fear for their own physical safety, may be deemed a misdemeanor. Skoufis clarified he didn’t want this legislation to be misinterpreted as an attack on peaceful protestors, who frequently conceal their identities using masks to prevent potential legal or other personal repercussions.
Allie Bohm, a senior policy counselor at the New York Civil Liberties Union, expressed concerns about the bill’s somewhat ambiguous wording, suggesting it could lead to selective enforcement against individuals expressing their freedom of speech rights. He pointed out determining the intention behind someone’s actions often boils down to one person’s word against another’s.
Bohm also underlined the individuals’ right to protest is still in place whether their messaging is universally agreed upon or not. The eventual fate of this bill in the state legislature, dominated by Democrats, is yet unclear.
Last year, Governor Kathy Hochul, also a Democrat, suggested a potential mask ban on New York City’s subway system citing concerns about individuals obscuring their identities while committing acts of antisemitism. Civil liberties groups along with others, however, offered substantial resistance, bringing up the common use of masks on public transportation due to poor air quality and the COVID-19 pandemic.
Earlier this month, Governor Hochul stated that she is still open to reviewing legislation advocating for steeper penalties for crimes committed while wearing a mask.
New York has a history of legislation concerning face masks that dates back to the 19th century. The law, enacted in response to anti-rent protests, prohibited the wearing of face masks in public and received criticism for its alleged selective enforcement during various protests over years.
The existing law was put on hold during the covid-19 pandemic when face masks became a necessary public health measure to curtail the spread of the virus.
A conservative-leaning county in suburban Long Island passed a related law last year, banning public use of face masks as a response to what were perceived as antisemitic incidents following the onset of the Israel-Hamas war on October 7. The law does allow for exceptions on grounds of medical or religious necessities.
Post the enactment of the law, a pro-Palestinian protestor donning a keffiyeh scarf was charged with breaching it. Since the beginning of the war between Hamas and Israel in October, New York has seen hundreds of pro-Palestinian demonstrations.
For the most part, these demonstrations have been peaceful, although mask usage remains prevalent. Protestors typically choose to wear face coverings due to concerns about potential surveillance from law enforcement or other kinds of backlash.