A new bill proposed in the New York Legislature could make it illegal for individuals to wear face masks in a way that threatens or harasses others. The proposed law would establish “masked harassment” as a crime within the state’s existing harassment laws, but it includes several exceptions, such as for people who wear masks for medical reasons or during colder weather.
State Sen. James Skoufis, a Democrat who introduced the bill, explained that the purpose of the proposal is not to create a broad ban on masks but to provide law enforcement with the tools needed to target individuals who wear masks to intimidate or threaten others. Under the bill, anyone who wears a mask “for the primary purpose of menacing or threatening violence against another person or placing another person or group of persons in reasonable fear for their physical safety” would be committing a misdemeanor.
Skoufis made it clear that he did not intend for the bill to be used against peaceful protesters, many of whom wear face coverings to conceal their identities in order to avoid potential legal, personal, or professional consequences.
However, Allie Bohm, a senior policy counsel at the New York Civil Liberties Union, expressed concern that the bill’s wording is too vague and could lead to selective enforcement, particularly against individuals exercising their rights to free speech. “We’re going to get into a lot of he-said-she-said trying to intuit people’s intentions,” Bohm said. “People do have a right to protest, and that’s true whether or not we agree with their messages.”
It remains uncertain how the bill will be received in the state Legislature, which is currently controlled by Democrats. The offices of the Senate and Assembly Democratic leaders did not respond to emails seeking comment on the bill.
Governor Kathy Hochul, a Democrat, previously floated the idea of banning masks on New York City subways in response to concerns that individuals were hiding their identities while committing antisemitic acts. The proposal faced significant opposition from civil liberties groups and others who noted that masks are often worn on the subways due to concerns over air quality and COVID-19. Hochul recently indicated that she would still be open to supporting legislation that would impose “enhanced penalties” for individuals who commit crimes while wearing masks.
New York previously had a law, passed in the 1800s in response to anti-rent protests, that banned public face masks. The law was criticized for being selectively enforced during various protests. It was suspended during the COVID-19 pandemic when face coverings became mandatory to curb the spread of the virus.
In response to what were called antisemitic incidents since the beginning of the Israel-Hamas war on October 7, Nassau County enacted a law last year prohibiting face masks in public, with exceptions for medical or religious reasons. A pro-Palestinian protester wearing a keffiyeh scarf was charged under the new law shortly after it was passed.
Since the start of the war, New York has seen hundreds of pro-Palestinian demonstrations, most of which have been peaceful. However, mask-wearing remains common among participants who are concerned about police surveillance or other potential consequences.

{Matzav.com}