New legislation in New York aims to criminalize ‘masked harassment’

ALBANY, N.Y. — A new legislative proposal introduced in New York aims to criminalize the act of wearing face masks with the intent of intimidating or threatening individuals.
The proposed bill seeks to establish a new offense termed “masked harassment,” which would fall under the state’s current harassment laws. Importantly, the legislation includes various exemptions, allowing people to wear masks for medical reasons or during cold weather, among other situations.
State Senator James Skoufis, a Democratic sponsor of the bill, clarified that the goal is to provide law enforcement with the authority to target those who use masks to instill fear, rather than attempting to impose an overarching ban on all face coverings.
According to the proposal, it would be classified as a misdemeanor for anyone to wear a mask “for the primary purpose of menacing or threatening violence against another person or placing another individual or group in reasonable fear for their physical safety.” Skoufis emphasized that the legislation is not intended to affect peaceful demonstrators, many of whom don masks to protect their identities and avoid potential legal, personal, or professional repercussions.
However, Allie Bohm, a senior policy counsel with the New York Civil Liberties Union, has raised concerns about the vague wording of the bill. She warned that it might lead to distinctions in enforcement that could hinder free speech. Bohm remarked, “We’re going to get into a lot of he-said-she-said trying to intuit people’s intentions. People do have a right to protest, regardless of whether we agree with their messages.”
It remains uncertain how the proposed legislation will progress within the state Legislature, which is predominantly controlled by Democrats. Responses from the Democratic leaders of the Senate and Assembly were not immediately available.
Governor Kathy Hochul, also a Democrat, previously considered a mask ban for New York City subways, due to concerns about individuals concealing their identities while engaging in antisemitic activities. This idea faced significant backlash from civil liberties advocates and among others highlighting that mask usage is prevalent on the subways due to worries surrounding poor air quality and COVID-19.
Recently, Hochul indicated her willingness to evaluate legislation that would impose stricter penalties for crimes committed while wearing a mask.
Historically, New York had a law that prohibited face coverings in public, enacted in the 1800s as a response to anti-rent protests. This law faced criticism for selective enforcement during various demonstrations since its inception and was suspended during the pandemic when mask-wearing was mandated to combat virus transmission.
Last year, a conservative county in suburban Long Island instituted a law against face masks in public due to an uptick in antisemitic incidents coinciding with the outset of the Israel-Hamas conflict, with exemptions for medical or religious needs. Shortly after the enactment of this law, a pro-Palestinian protester wearing a keffiyeh scarf was charged with violating the regulation.
Following the commencement of the war between Hamas and Israel in October, numerous pro-Palestinian demonstrations have taken place in New York. While these protests have largely remained peaceful, the practice of wearing masks is prevalent among participants concerned about police surveillance and the potential for repercussions.