A proposal introduced in the New York Legislature on Thursday could make it a criminal offense to wear a mask while harassing or threatening someone. The bill, which aims to address harassment by masked individuals, is designed to give law enforcement a tool to combat intimidation, particularly in cases where individuals wear face coverings to carry out menacing actions.
The Intent Behind the Legislation
The bill was sponsored by State Senator James Skoufis, a Democrat, who explained that the purpose of the legislation is not to ban face masks but to create a specific crime of “masked harassment.” The law would allow authorities to target people wearing masks with the intent to intimidate, threaten violence, or put others in fear for their safety. According to Skoufis, the bill is not designed to infringe on the rights of peaceful protestors, who often wear masks to protect their identities.
Key Exemptions in the Bill
The proposed law includes several carve-outs for individuals wearing masks for legitimate reasons, such as medical conditions or cold weather. These exemptions are meant to prevent the law from being applied too broadly, especially in cases where mask-wearing is not linked to malicious intent.
Civil Liberties Concerns
While Skoufis aims to address threats and intimidation, critics have raised concerns about the bill’s potential to infringe on free speech rights. Allie Bohm, a senior policy counsel at the New York Civil Liberties Union, warned that the language of the bill is vague and could lead to selective enforcement. She argued that the law might unintentionally target peaceful protestors or people engaging in free speech.
Historical Context of Mask Laws in New York
New York’s approach to mask-wearing laws has been historically complex. A law banning face masks in public was enacted in the 1800s in response to anti-rent protests, but it has been criticized for selective enforcement over the years. The law was suspended during the COVID-19 pandemic, when masks were mandated to prevent the spread of the virus.
Recently, some areas, such as a Long Island county, have passed local laws banning face masks in response to concerns about antisemitic incidents. However, these laws, which also allow exceptions for medical or religious purposes, have raised concerns about their impact on protesters and individuals wearing masks for non-threatening reasons.