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New York Governor’s Mask Ban Proposal Divides Democrats Amid Safety Concerns

Governor Kathy Hochul’s proposal to restrict the wearing of face masks in certain situations has sparked debate within her own party. While the measure aims to curb antisemitism and public safety concerns, it has raised alarms over potential racial profiling, civil rights violations, and the right to protest. As the state budget deadline looms, this contentious issue remains unresolved.

People attend a protest organized outside of Columbia University to call for a new mask ban in New York on Aug. 27, 2024. | Adam Gray/AFP via Getty Images

Hochul’s Mask Proposal Divides Democrats

New York Governor Kathy Hochul is pushing for a new law that would make it a criminal offense to wear a mask for the purpose of threatening violence or menacing others. The proposal, which is being debated during the final days of state budget negotiations, has divided Democrats. Some see it as a necessary step to protect public safety, while others fear it could lead to over-policing and suppression of protests.


Civil Rights Concerns and Racial Profiling Fears

Civil rights advocates, particularly Black lawmakers, are expressing concerns that the measure could disproportionately target people of color. The New York Civil Liberties Union warns that the law could lead to discriminatory enforcement, as police may wrongly assume a person is masking for malicious reasons, rather than for health, religious, or cultural purposes.


The Timing and Impact of the Proposal

The timing of Hochul’s proposal has raised questions, especially as it comes shortly after controversial pro-Palestinian protests and a rise in antisemitic incidents. Hochul’s support for the measure is partly tied to public safety concerns, and she has been vocal about the need to combat crime, which was a key issue in her 2022 reelection bid.


Political Context and Divisions

While the proposal has support from some pro-Israel Democrats who see it as a way to curb antisemitic harassment, other Democrats, such as Assemblymember Emily Gallagher, worry it could chill the right to protest. Critics argue that this measure could be seen as part of broader political negotiations with the Trump administration, especially in light of the recent controversy surrounding congestion pricing.


Supporters of the Bill

Supporters of the bill, including some lawmakers from the Jewish community, argue that it’s necessary to curb hate and violence. Assemblymember Jeffrey Dinowitz, who is sponsoring the bill, emphasized that the measure is aimed at combating hate directed at Jewish, Muslim, and Asian American communities.


Opposition from Unions and Civil Liberties Groups

Unions and civil rights groups are also opposing the measure, fearing it could limit the right to protest and chill free speech. The Association of Legal Advocates and Attorneys–UAW Local 2325 has warned that the bill would infringe on workers’ ability to protest anonymously, especially in situations where they feel unsafe.


Public Safety vs. Civil Liberties

Governor Hochul has emphasized that the bill isn’t a blanket ban on mask-wearing but a targeted effort to prevent intimidation and violence. However, critics argue that the law could lead to further harm, particularly for marginalized communities, by allowing police to scrutinize people’s motives for wearing masks.

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