New York Governor Hochul Passes “Partial” Mask Ban

By FrumNews

Albany, NY – Governor Kathy Hochul passed and approved in the New York State budget this month, which includes a “partial” mask ban.

The new mask law, which will take affect, cracks down on individuals who use a mask to conceal their identities to commit crimes with an additional “Class B Misdemeanor charge” only [if] they get arrested anyways.

Many in the Jewish community are calling this “To little, to late” stating that this is a very low misdemeanor charge, which is ultimately less than a summons, and won’t deter criminals or anti-Semites from illegally and violently protesting, as they have done since October 7th.

In an appearance on Israel’s i24News, NYC Mayor Eric Adams said that Hochul’s mask ban included in this year’s state budget doesn’t go “far enough” after being asked about pro-Palestinian protests in New York City.

Adams says he’s going to introduce a proposal to the City Council for “a complete mask ban” in NYC.

Last year multiple New York lawmakers raised the alarm about this issue by sponsoring and co-sponsoring legislation, including Assemblyman Jeffrey Dinowitz, who serves the Frum kehilla of Riverdale, Assemblyman Sam Berger representing the Queen’s kehilla of Kew Gardens Hills, Assemblyman Michael Reilly of Southern Staten Island and State Senator Steven Rhoades.

The initial bills introduced, which called for harsh punishments and felonies, were to curb identity concealment in lawful assemblies, unlawful assemblies, or riots. The bill addresses the concern that individuals hide their identities during public gatherings, evading accountability for their actions.

The bill came amid the daily Pro-Hamas violent protests on the streets of New York City, including illegal encampments at Columbia University, among other New York colleges and universities.

“Undoubtedly, people can be more apt to act irresponsibly when their conduct cannot be traced back to them,” Assemblyman Dinowitz stated. “This is especially true during times of high volatility and civil unrest, where people are more predisposed to act in contempt when they feel their actions are unattributable to them. This legislation [hoped to] minimize the likelihood of those individuals committing despicable acts.”

According to Dinowitz, the bill drew upon legal precedent, including the United States Court of Appeals for the Second Circuit’s decision in American Knights of the KKK v. Kerik (2004). In this landmark case, the court upheld the constitutionality of statutes prohibiting individuals from concealing their identities in public gatherings. He emphasized that while the right to protest and express oneself freely is fundamental, it does not extend to the concealment of one’s identity.

“Everyone has a right to protest and express themselves freely; it is one of the central tenets of our society,” Assemblyman Dinowitz affirmed. “But they do not have a right to conceal their identity while doing so.”

The original bill also addressed recent changes in public health mandates. In 2020, the Department of Health mandated wearing masks in public spaces to combat the spread of COVID-19. To avoid confusion, section 240.35(4) of the New York Penal Law, which previously prohibited individuals from being masked or disguised in public, this 200-year-old law banning masks at public gatherings was repealed due to COVID-19. This new bill seeks to reinforce the prohibition on concealing one’s identity, forbidding groups of masked people from gathering together in public assemblies while also considering public health emergencies.

“While the right to peaceful assembly and free speech are core to our national values, the deceptive use of masks and other facial coverings pose a significant risk to public safety,” Reilly said in a statement. “If this proposal becomes law, it will hold individuals accountable for their actions and may even deter the kinds of disruptive and violent behavior we’ve witnessed unfold at our colleges and universities.”

A frum resident of Riverdale, NY, told FrumNews.com, “We are one of the closest communities to both Yeshivah University (YU) and Columbia. YU showed respect for the Jewish community during these harsh times, while Columbia showed the most disturbing and ugly faces to their Jewish students since the Shoah.”

“Although the NY legislature failed to pass the bill, and instead included a watered down version in the state budget. We are honored that our Assemblyman Dinowitz sponsored this much-needed bill which aimed to provide the Students with a bit of security as they are harassed, by putting a face on the line to prosecute,” he added.

“This is common-sense legislation created to prevent criminals from hiding their appearance while committing crimes and preventing victims from identifying their attackers,” said Louis Turco, President of the NYPD Lieutenants Benevolent Association.