The days when masked and hooded protestors can terrorize neighborhoods and commit crimes indiscriminately, and without consequence because they have hidden their faces to evade law enforcement, may soon be over in New York.
New York State Senator Dean Murray(R, C. - Long Island) introduced a bill that establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask. Such crimes would be a class B misdemeanor and a class A misdemeanor, respectively. Murray wants to create a charge of ‘aggravated concealment of identity’.
This bill addresses the growing concern surrounding the deceptive wearing of masks during public protests, rallies, and assemblies that allow those who commit crimes to hide their identity from law enforcement to avoid accountability for their bad acts.
Anti-masking laws have a long history in the United States. The Manhattan Institute studied the issue and says, “Anti-masking laws are critical tools for maintaining public safety and accountability. They originated at a time when the KKK, using the anonymity provided by masks, engaged in acts of violence and intimidation against blacks, Catholics, Jews, and other minority groups.”
A person would be guilty of ‘aggravated deceptive wearing of a mask’ if they are masked, disguised, or have facial alterations while loitering or congregating in a public place with other people who are also masked or disguised and causing injury to a person, damage property, or are stealing property.
There are exceptions in the bill when facial coverings are worn for religious observance or cultural customs or when it occurs in connection with a masquerade party or similar entertainment activity.
New York Penal Law § 240.35(4) prohibited two or more people from congregating in public while wearing masks or disguises that obscure their identities. This two-century-old law aimed primarily at the violence of the KKK was repealed during the Covid-19 pandemic.
No one imagined at that time of the repeal that violent Antifa-BLM riots and pro-Hamas demonstrations across the country by mask and hood-wearing participants would become the norm. Changing the mask law was meant to make way for what people then thought was a public safety effort for the pandemic not create a situation where criminals could skirt accountability for their crimes by hiding their faces.
Clay Travis poked some fun at NYC earlier this summer by saying, “New York is now trying to ban wearing face masks on the subway because they aid crime. This is just amazing to see. Everything they argued for and berated you for not doing they are now abandoning.”
The Manhattan Institute said, “anti-masking laws are essential to preserving the First Amendment right to assemble, petition for redress of grievances, and otherwise express ourselves, while preventing intimidation and harassment and maintaining a society where individuals are accountable for their conduct.”
“This piece of legislation is not reinventing the wheel. It is simply bringing back the old anti-KKK Group Mask Law that worked well since 1845 but was repealed during COVID-19. Recent events have shown how public safety at protests requires transparency to ensure individual accountability. Otherwise, individuals will be at the mercy of the mob, “said ‘jaysorid’ in a public comment to the state Senate.
It is not expected that the Democrats will allow passage of the measure, as they have been reluctant to increase accountability and penalties on crimes of all sorts. Not all Democrats share this view, though and Murray may have traction with both NYC Mayor Eric Adams and Governor Kathy Hochul. Uncharacteristically both have said they might be supportive of boosting penalties for people who wear a mask while in the commission of a crime.
There is one group that vehemently opposes any anti-mask laws. COVID Advocacy New York urges all elected officials “to uphold the right of all New Yorkers to wear a mask”. This group does not address the fact that the legislature or Governor, in an emergency, can quickly suspend the law for a public health crisis.