Fight Over Face Masks Takes New Turn – Some States Want Them Banned

By: May Man Published: Jun 23, 2024

Americans remain embroiled in a heated debate over masks.

Following years of controversy surrounding mask mandates, the focus has now shifted to discussions about banning certain face coverings.

Potential Ban on NYC Subways

New York Governor Kathy Hochul recently announced that she is considering prohibiting masks on New York City subways due to concerns that they conceal the identities of individuals committing antisemitic acts.

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Man sleeping on subway

Source: Freepik

New York City Mayor Eric Adams endorses this idea, asserting, “cowards cover their faces.”

Masked Criminals

“We will not tolerate individuals using masks to evade responsibility for criminal or threatening behavior,” Hochul stated.

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People in Mexico City wear masks on a train due to the swine flu outbreak throughout the surrounding region.

Source: Eneas De Troya/Wikipedia

“On a subway, people should not be able to hide behind a mask to commit crimes.”

Response to Current Crimes

Hochul’s remarks came in response to a viral video showing pro-Palestinian protesters, some masked, on a subway car.

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man in hooded top, wearing a face mask and holding a smoking drink

Source: Freepik

One man was demanding that all Zionists—those who support a Jewish state—leave the train.

For Health Reasons or Concealing Identity?

Masks have frequently appeared at nationwide protests against Israel’s military actions in Gaza. Some participants wear them to prevent the spread of COVID or to avoid repercussions for their involvement in the protests.

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woman wearing face mask, looking out a window

Source: devmaryna, Freepik

However, some masked activists have also engaged in vandalism or made antisemitic remarks.

No Set Timeline Yet

Hochul mentioned no specific timeline for implementing a mask ban in New York.

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side view of man walking outside with medical face mask, holding smart phone

Source: Freepik

However, other states have already taken steps against face coverings.

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Historically Aimed to Deter the Ku Klux Klan

In North Carolina, a law banning face coverings since 1953 was recently amended to increase penalties for crimes committed while masked.

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Ku Klux Klan members in front of an aircraft

Source: Wikimedia

Last month, Ohio’s attorney general cautioned protesters that they could face felony charges under a similar long-standing law aimed at deterring the Ku Klux Klan.

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Not Limited to Protesters

Texas and Florida have also invoked decades-old anti-masking laws in response to pro-Palestinian protests.

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Person wearing ski mask

Source: Freepik

This push against masks isn’t limited to protesters. Philadelphia banned ski masks within city limits late last year to reduce crime.

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Risk to Public Safety

Washington D.C. recently enacted a law making it illegal to cover one’s face with the intent of concealing identity while committing a crime.

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busy junction in NYC

Source: Freepik

Supporters of mask bans argue that face coverings hinder authorities from identifying lawbreakers or those engaging in hate speech. “The deceptive use of masks and other facial covering pose a significant risk to public safety,” New York State Assemblyman Michael Reilly told the New York Post last month.

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Potentially Jeopardizing Public Health

Proponents believe that such bans could not only facilitate punishing offenders but also deter potential crimes by reducing the likelihood of anonymity.

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woman walking with coffee and phone in her hands, wearing a face mask

Source: Freepik

However, opponents contend that these bans jeopardize public health. Hochul has indicated that any future ban in New York would allow masking for medical reasons, similar to an exemption added to North Carolina’s law.

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Obstacle for COVID Protection

Yet, some health experts and medically vulnerable individuals worry that these protections might only exist in theory, creating additional obstacles for those seeking to protect themselves from COVID and other diseases.

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woman wearing face mask getting her temperature checked

Source: Freepik

Critics also argue that mask bans could suppress free speech, providing a pretext for authorities to crack down on protests they otherwise couldn’t legally stop. They assert that law-abiding protesters should be able to maintain anonymity to safeguard themselves from retribution, especially in an era of advanced surveillance.

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What’s Next?

North Carolina’s masking bill has passed both houses of the Republican-led state Legislature. Democratic Governor Roy Cooper has not indicated whether he will veto the legislation. However, even if he does, the GOP majority is large enough to override his veto.

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pile of medical face masks with a red X over them

Source: sergeychuyko, Freepik

With New York’s state legislative session concluded for the year, Hochul will likely have to wait until lawmakers reconvene in Albany in January before taking any action on her proposed subway mask ban.

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