Should You Be Able To Go Around Masked In Public?
Colin Moynihan writes in The New York Times that a law banning masks worn by three or more people in public is being challenged in New York after masked demonstrators were arrested at a Russian Consulate protest in support of Pussy Riot:
Many in the crowd that day in August wore the same sort of brightly colored balaclavas worn by the women in the band.The choice of apparel led to the arrest of some demonstrators, who were charged with disorderly conduct and with violating an arcane provision in the loitering law that makes it unlawful for three or more people to wear masks in public.
Now, a lawyer for three women arrested that day says he is preparing to challenge the constitutionality of the law, which he argues should not apply to peaceful protesters.
"We believe this law is overly broad," the lawyer, Norman Siegel, said recently. "Political protest is a quintessential freedom of expression."
Mr. Siegel said his arguments would differ from those used in previous challenges. Instead of stating that his clients needed to hide their identities with masks because the ideas they were spreading are controversial, he said, he will assert that the masks themselves were integral to the message the three women were communicating.
The ban on masks in New York State dates to 1845, when it was adopted in response to events in the Hudson Valley, where local tenant farmers disguised as American Indians had attacked and killed landlords. The law includes exceptions for masquerade parties and similar events.
The police have periodically used the law during political demonstrations. In 2002, for instance, commanders said they would enforce the law during protests that accompanied meetings of the World Economic Forum in Manhattan. Over the past year, the police have regularly cited the mask law while arresting participants in gatherings and marches connected to the Occupy Wall Street movement.
The law has been litigated several times over the past decade or so, with state courts, federal courts and appeals panels seesawing back and forth over whether it can be fairly applied.
So long as there is a religious exemption to this law, because robbing banks is part of my worship of Pluto, innit?
Storm Saxon's Gall Bladder at October 22, 2012 6:45 AM
So if only two peoplecan wear masks in the same crowd, which two do you NOT arrest?
Grey Ghost at October 22, 2012 7:12 AM
Interesting. A lot of Southern cities have long-standing laws against being masked in public. The purpose specifically was to discourage public activities of the Ku Klux Klan. It seems to be that a total ban might be supportable as a content-neutral time/place/manner restriction. But once you start carving out exemptions, it goes down a Constitutional rathole.
Cousin Dave at October 22, 2012 7:55 AM
In Japan and other Asian countries, many people wear masks if they are sick with the flu or a cold. It is a good idea to stop the spread of germs. I don't think it should be illegal to wear a mask at all unless you need to be identified for some specific purpose like driver's license photos, admission to a federal court house, etc. If you put on a mask to rob a bank, I think the penalties for bank robbery are enough, no need to enhance them for concealing your identity. Eye witness testimony has been found to be almost totally unreliable anyway. I also think biometrics are going to make identifying someone through their facial characteristics a moot point in a couple of years.
Isab at October 22, 2012 8:48 AM
Wondering how a full burka fits in with the mask law, or scarves in winter.
I'll wait for them to arrest firemen wearing oxygen masks, or military wearing gas masks in various drills.
Joe J at October 22, 2012 9:23 AM
Cousin Dave --
As far as I know, that's the way it is here in Georgia, though I don't know if it's a state law or local one. I'm pretty sure it just applies to a full mask and not partial or dust masks. And of course, it's not enforced on Halloween.
lsomber at October 22, 2012 10:28 AM
"Interesting. A lot of Southern cities have long-standing laws against being masked in public. The purpose specifically was to discourage public activities of the Ku Klux Klan. "
Ha! That shoudl work! Comparing these people to the KKK will just about destroy their brand.
"In Japan and other Asian countries, many people wear masks if they are sick with the flu or a cold."
These don't hide your identity, so there is no problem.
"Wondering how a full burka fits in with the mask law, or scarves in winter.
This one does, so it's unacceptable.
It's a simple matter of public safety. It definitely can be a security matter - in Iraq there were some bombing incidents involving women who snuck in where no one thought they posed any threat. That time it was easy to resolve - just exclude all women from the area (unless they were in a US uniform.)
Jim at October 22, 2012 10:49 AM
Jim, if you are wearing a germ mask, a pair of sunglasses and a hoodie, your identity is effectively hidden.
It should not be illegal to conceal your identity unless you are using it to abett some crime or fraud.
Iraq is quite a different scenario, the US Consitution does not apply in a war zone.
Isab at October 22, 2012 11:38 AM
Jim, My main experiences with people with those germ masks, were either connstruction workers, also in hard hats, and medical people in scrubs, often with hair coverings. Although it's main purpose is not to mask identity, when in conjunction with the used headgear, it effectively does.
Joe J at October 22, 2012 1:35 PM
So The Avengers are okay because only Iron Man and Captain America wear masks?
Does Nick Fury's eyepatch count as 1/2 mask?
If Spider-Man joins them, do you arrest only Spider-Man or all three?
art.the.nerd at October 22, 2012 3:22 PM
Cousin Dave: Back in 1999, Giuliani et al successfully managed to require that a Ku Klux Klan rally in NYC take place sans masks. I think there were fewer than 20 KKK members -- protected by riot police -- versus several thousand counter-protestors. Funny, the KKK hasn't made a habit of protesting in NYC since then...
marion at October 22, 2012 5:32 PM
Back in 1999, Giuliani et al successfully managed to require that a Ku Klux Klan rally in NYC take place sans masks. I think there were fewer than 20 KKK members -- protected by riot police -- versus several thousand counter-protestors. Funny, the KKK hasn't made a habit of protesting in NYC since then...
Posted by: marion at October 22, 2012 5:32 PM
____________________________
Glad to hear it. Trouble is, you have to be sure that that won't backfire - as in giving them all the publicity they want. I mean, the 20 KKK members must have known they'd be heavily outnumbered, so why did they get scared?
lenona at October 23, 2012 7:11 AM
Leave a comment