Face Mask Wearing, Absent Any Other Crime, Specifically At Public Protests, Rallies, Any Other Public Assembly To Become Misdemeanor – No Medical Exemptions, Arrestable Offense

The Staten Islander News Organization Editors

2 years ago

Staten Island’s Assemblyman Michael Reilly introduced a bill to make the wearing of a mask of any kind at any public gathering, particularly protests and rallies, a class B misdemeanor by itself, absent any other crime. It also makeus it a class A misdemeanor to commit a crime while wearing a mask.

Editor’s note: The additional crimes which are defined by the second section, deceptive wearing of a mask while committing assualt or destruction of property, are already felonies. Both of these newly defined crimes are arrestable offenses on their own as misdemeanors. They can carry hefty penalties including jail time or fines.

With doxxing a reality, where some people who attended protests have lost jobs and job offers due to their attendance, this bill might have the unintended consequence of quelling dissent of any kind.

The students at Harvard in particular, whose non refundable tuition has been paid while they were barred from graduating for participating in civil disobedience is another example. Many faculty members and other students had issue with Harvard’s decision. Students at Columbia were not barred from graduating.

It should also be noted that the intial law against wearing masks in New York was anything but settled, and was declared unconstitutional in several levels of federal court, specifically as related to the KKK. It was eventually upheld by the second circuit.

From Asm. Reilly’s Facebook post:

As calls grow to reinstate the mask ban, I want to remind you that Republicans have been advocating to do this since 2021.

I was among those who warned that its repeal would be abused by criminals and those looking to cause mischief.

That’s exactly what played out during the chaotic and sometimes violent protests at Columbia University and New York University, which is why I introduced legislation, A10043 (shorturl.at/2iJJS), that would outlaw the deceptive wearing of masks at protests and other public assemblies.

The State Legislature left Albany without completing its work. I implore Governor Kathy Hochul to immediately convene a special session so that lawmakers can pass my bill and bring us one step closer towards the restoration of public safety.

Following is the text of the title, justification, and the bill itself:

An act to amend the penal law, in relation to establishing the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask

PURPOSE OR GENERAL IDEA OF BILL:

This bill addresses the growing concern surrounding the deceptive wearing of masks during public protests, rallies, and assemblies.

SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding two new sections: 190.90 adds the crime of deceptive mask wearing; 190.91 adds the crime of aggravated deceptive mask wearing.

JUSTIFICATION:

The recent surge in mass protests at colleges and universities and in public streets underscores the urgent need for measures to ensure public safety and accountability. While the right to peaceful assembly is core to our nation’s values, the deceptive use of masks poses a significant risk to both individuals and property.

Under this proposal, deceptive mask wearing would be charged as a Class B misdemeanor while aggravated deceptive mask wearing would face elevated charges as a Class A misdemeanor. This would ensure that individuals are held accountable .for their actions, and may even deter indi- viduals from using masks to conceal their identities while engaging in disruptive or unlawful behavior during public gatherings. Religious attire and costumes associated with permitted events are exempt.

By prohibiting the deceptive wearing of masks during protests, rallies, and other public assemblies, this legislation strikes a balance between protecting first amendment rights and maintaining public order. It sends a clear message that while peaceful protest is welcomed and protected, deceptive tactics aimed at inciting violence or causing harm will not be tolerated.

Following is the proposed bill introduced by Assemblymember Reilly:

Section 1. The penal law is amended by adding two new sections 190.90 and to read as follows:

§ . Deceptive wearing of a mask.

A person is guilty of deceptive wearing of a mask when, such person being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised while engaged in a protest, rally or other public assembly, or knowingly permits or aids persons so masked or disguised to congregate in a public place; except that such conduct is not unlawful when it is worn for religious observance or customs or when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities.

Deceptive wearing of a mask is a class B misdemeanor.

§ . Aggravated deceptive wearing of a mask.

A person is guilty of aggravated deceptive wearing of a mask when, such person being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised while engaged in the conduct of deceptive wearing of a mask and cause injury to a person or damage to property or theft of property belonging to another person, or knowingly permits or aids persons so masked or disguised to congregate in a public place; except that such conduct is not unlawful when it is worn for religious observance or customs, or when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities.

Aggravated deceptive wearing of a mask is a class A misdemeanor.

Banner Image: Mask wearing at protest. Image Credit – Patrick Perkins

The Staten Islander News Organization Editors

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