A bill recently introduced in the New York legislature would allow misdemeanor charges for anyone who wears a mask with the intent to harass, threaten, or intimidate others. 

Proponents of the new law seek to make it easier to identify those who intend to commit intimidation, threaten, or harass others. Critics ask whether such a rule can be applied fairly.

The Contents of the Proposed Law

The bill would make it a misdemeanor in New York to commit “masked harassment,” or the wearing of a mask with the intent to commit harassment, threatening, or intimidation of another person. 

New York State Senator James Skoufis (D) sponsored the bill. Senator Skoufis states that his goal is to focus on those who seek to cause intimidation or to threaten others rather than to ban or discourage face coverings generally. 

The bill includes exemptions for people who wear a mask for medical purposes, who cover their faces to follow religious rules, or to protect themselves in cold weather, says Senator Skoufis. 

Other Mask Bans in New York

The New York bill is not the first to raise questions about how mask-wearing might conflict with public safety needs. Last year, New York Governor Kathy Hochul also raised the possibility of a mask ban, stating that people may use masks to hide their identities while committing antisemitic acts. 

In 2024, Nassau County banned facemasks in public except those worn “for health, safety, religious or cultural purposes,” including the celebration of holidays like Halloween. Like the proposed New York bill, the Nassau County ban makes it a misdemeanor to wear a face covering to hide one’s identity in public. Nassau County Executive Bruce Blakeman (R) noted that the bill addresses both recent student protests and “everyday crime.” 

Questions about masks and identification arose in New York City as well. Following the Manhattan death of United Healthcare CEO Brian Thompson, New York City Mayor Eric Adams asked businesses and public transportation to require customers to briefly lower or remove any masks so they could be identified. 

Questions and Challenges to the Proposed Law

Several questions and challenges to the proposed law have arisen since it was introduced. These include concerns about the law’s vagueness, as well as its potential impact on civil liberties. 

One member of the New York Civil Liberties Union noted that the law’s vagueness about what counts as “harassment,” “threats,” or “intimidation” could cause problems. For example, could these rules allow people to be charged with a misdemeanor if they wear a mask while attending a legal, peaceful protest? If so, the law could impinge on New Yorkers’ First Amendment rights. 

Similarly, it can be difficult to determine a person’s intentions when they put a mask on. Masks can be worn for several purposes at the same time. A mask that helps protect people from airborne viruses, for instance, may also help keep the person’s face warm in winter – and it may obscure the person’s identity as well. Determining intentions can be challenging or impossible in court. 

Selective enforcement is a concern as well. In response to the Nassau County ban, the regional director of the New York Civil Liberties Union for Nassau noted that police – who are not health or religious experts – would be tasked with deciding who “needs” a mask and who does not. Without expertise, an office may fall back on unconscious bias to decide whom to arrest or prosecute.

Finally, this law isn’t without precedent. In the 1800s, New York passed a law that banned face masks in public in response to anti-rent protests. However, historians note that the law was selectively enforced. Law enforcement officers chose who to bring charges against, rather than applying the law to everyone who wore a mask. The law was suspended during the coronavirus pandemic. 

What To Do If You’re Facing Criminal Investigation or Charges

The mask bill has not yet become law. Yet many New York laws do impose criminal penalties – some of which are quite severe. A criminal investigation or charge may upend your life; a conviction can be even more devastating.

If you’re facing a criminal investigation, arrest, or charge, don’t wait. Contact the experienced New York criminal defense attorneys at the Brill Legal Group. We’ll investigate the charges you face and build a strong defense that protects your legal rights. We’re committed to pursuing the best possible outcome for each of our clients. Contact our office today to schedule a free, confidential consultation.