NYC Lawmakers To Ban Masks At Protests

May 2024, Masked protesters near Columbia University

Assemblyman Jeffrey Dinowitz, who proudly serves the Frum community of Riverdale, introduced a new bill 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.

By FrumNews.com 

Riverdale, NY— Assemblyman Jeffrey Dinowitz, who proudly serves the Frum kehilla of Riverdale, introduced a new bill 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 comes 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.

The proposed legislation specifies exemptions for wearing personal protective equipment during declared public health emergencies and attire worn for religious observance or customs.

“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 will minimize the likelihood of those individuals committing despicable acts.”

According to Dinowitz, the bill draws 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 bill also addresses 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.

One of the bills co-sponsors, Frum Assemblyman Sam Berger, who proudly represents the Queen’s kehilla of Kew Gardens Hills and Forest Hills, told FrumNews.com, “This legislation addresses the critical concern of balancing individual rights and public safety. The rights guaranteed in the First Amendment to protest and demonstrate does not give agency to engage in criminal activity and intimidation. Those who believe in their movement should not be frightened of standing by their principals—this is about cracking down on those who fear arrest and prosecution for breaking the law.”

Assemblyman Michael Reilly of Southern Staten Island, who formerly served as a Lieutenant with the New York City Police Department, co-authored a stronger bill with State Senator Steven Rhoades, that makes wearing “deceptive wearing of a mask” a Class B misdemeanor.

“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.”

“We are honored to have our Assemblyman Dinowitz sponsor this much-needed bill. This bill provides 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.

Assemblyman Dinowitz urged his colleagues to support his bill, emphasizing its importance in upholding public safety and accountability during public gatherings. “I call upon my fellow legislators to join me in supporting this crucial legislation. By addressing the concealment of identity in public assemblies, we can ensure that individuals are held accountable for their actions and maintain the integrity of our democratic principles.”

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