The need for responsible mask legislation

In recent years, masks have become a symbol of both protection and fear. Originally donned to shield us from the ravages of the coronavirus pandemic, they now also obscure identities in ways that endanger our communities. c

In 2020, New York state repealed a section of the Penal Law that made it a criminal violation for groups to wear masks in public, a law that had been on the books for over 175 years. This decision, driven by the urgent need to curb Covid-19, was necessary for public health. But as the pandemic waned and life began to normalize, the state neglected to revisit and reform this aspect of the law to balance public health with public safety.

Recent tragic events underscore the pressing need for such reform. The horrific antisemitic violence witnessed on Oct. 7, and the subsequent rise in attacks against Jewish people across New York, highlighted a disturbing trend: perpetrators often hid their faces behind masks to evade identification while committing crimes. These cowardly acts of violence, perpetrated in anonymity, reflect a larger pattern in which masks are used to obscure identity for criminal purposes.

It’s not just antisemitic violence that underscores the necessity for this legislation. Criminals of all kinds — shoplifters, drug dealers or petty thieves — frequently use masks to conceal their identities. Consider the brutal incident at Hofstra University in which six masked men stabbed two people at a children’s graduation. Such heinous acts are a stark reminder of the dangers that come with the misuse of masks.

The Mask Transparency Act, modeled in part after Virginia’s anti-masking statute, seeks to address these concerns. Virginia’s law, enacted in the 1950s to combat the Ku Klux Klan’s use of masks in their racist activities, has set a precedent for similar laws across the country, including states like Florida, Georgia and Louisiana. These laws have been consistently upheld in federal courts.
Our new law aims to strike a balance. It is designed to prevent the use of masks for harassment, intimidation or criminal activity while still respecting their legitimate uses. Masks worn for health, safety, religious purposes or cultural celebrations are explicitly exempt from this law.

The goal is clear: to target those who would use masks to engage in criminal conduct or to incite fear, without infringing on personal freedoms or public health measures.

The law focuses on the use of masks in specific contexts: when groups congregate with masked faces for harmful purposes, or when individuals use masks to evade responsibility for actions that are illegal or harmful. This approach, influenced by public feedback and discussions with stakeholders, ensures that the law is both fair and effective.

In essence, this is about ensuring that masks are used appropriately — to protect health and safety — rather than to shield people who wish to threaten or harm others. It’s about restoring a sense of security and accountability in our communities, while upholding the values of fairness and respect for personal freedoms.
Since the legislation was signed into law by County Executive Bruce Blakeman last month, we have already seen its positive benefits. On Aug. 25, after receiving a 911 call, Nassau County police noticed a man wearing a ski mask walking down a street in Levittown acting suspiciously and trying to conceal a large bulge in his waistband, which turned out to be a 14-inch knife. Police officers stopped the man, who continued to behave suspiciously and was ultimately arrested. He later admitted to police that he was given the knife and mask and told to rob someone.

Less than a week later, police responded to a call from a resident who saw someone wearing a ski mask on their home surveillance camera. Officers arrested the man, who was found to be in possession of burglary tools.

As this legislation continues to take root, let’s remember its fundamental purpose: to keep our residents safe. By addressing the misuse of masks, we are reinforcing our commitment to a safer, more just society. The two recent examples certainly help support that premise.

Samantha A. Goetz represents Nassau County’s 18th Legislative District.