On September 12, Joann Ariola, a Republican City Council member from Queens, proposed a ban on wearing ski masks in public places in an effort to prevent crimes committed by individuals concealing their identities. Violators could face a fine of $250. The proposal by Ariola prohibits the wearing of ski masks in public spaces, schools, and childcare facilities, with exceptions for traditional holiday costumes, religious attire, work protective gear, or for engaging in winter sports or exercising freedom of speech protected by the First Amendment of the United States Constitution. Those found in violation of the ban may be fined $250. Appeals can be made to the Office of Administrative Trials and Hearings (OATH) in New York City for those who contest the penalty.
Ariola told the New York Post that such masks allow potential criminals to carry out illegal activities without fear of being identified, causing chaos on the streets. When these individuals are unable to mask their faces, they may think twice before acting. This proposal has gained support from some bipartisan council members, including Democratic councilors Robert Holden and Kalman Yeger, who are members of the Common Sense Caucus along with Ariola. A spokesperson for Ariola expressed confidence that the proposal would be approved.
In light of recent incidents where protesters wearing masks have sought to evade accountability for their actions, a similar law was passed in Philadelphia, Pennsylvania last year. Additionally, Nassau County on Long Island passed the Mask Transparency Act last month, which completely bans masking in public places. Violators could face fines of up to $1,000 or a maximum of one year in prison. The Nassau County law is more stringent than Ariola’s proposal, as it also prohibits the wearing of masks, not just ski masks that cover the entire head, leaving only the eyes, mouth, or nose exposed.
New York State established a ban on masking in public places as early as 1845, but it was repealed in 2020 due to the pandemic. State Assemblyman Jeffrey Dinowitz from the Bronx and State Senator James Skoufis from Orange County are preparing to introduce legislation that would criminalize masking during protests or riots in the next session of the State Assembly.