Understanding New York's Anti-Mask Proposals
People on a crowded NY street wearing masks.
Originally Posted 7/17/24. Last Updated: 8/22/24
While some New York lawmakers push to reinstate pre-2020 anti-mask laws, COVID-19 remains a threat. With a surge underway and the CDC reporting high COVID activity, it's crucial to keep masks accessible. Despite this, multiple NY-based anti-mask efforts have begun over the past few months:
New York State Legislature Bills: On 5/2/24, two mask ban bills, one by Republicans and one by Democrats, were introduced to the New York State Assembly and Senate. A third, Republican bill was announced in late August.
Update (8/22): The Democrat’s bill, A10057A/S09867 is the biggest cause for concern. The Republican versions are unlikely to gain bipartisan support.
Governor Hochul's Proposal: In a 6/13 interview on CNN, Governor Kathy Hochul suggested banning masks on the subway, a move supported by Mayor Adams. Adams has been attempting to ban masks since April 2023.
Update (8/14): According to the NY Post, Hochul has softened her stance to adding an enhanced penalty for crimes committed in a mask. (This is still dangerous, as any criminalization of masks increases stigma and profiling.)
Nassau County Legislation: On 7/12, Mazi Pilip proposed a bill to criminalize masks in Long Island. The bill rapidly progressed through a committee on 7/15 with a full vote on 8/5.
Update (8/5): The bill passed 12 to 0, with all 7 Democrats abstaining. The hearing was nearly 7-hours long, and disabled and immunocompromised attendees faced severe harassment throughout, including being intentionally coughed on, mocked, heckled, and stalked. Law enforcement and officials did little to intervene, emboldening the aggressors. Read our statement.
Update (8/14): County Exec Blakeman signed the bill into law.
Update (8/22): Disability Rights NY announced a lawsuit against the bill for violating the ADA.
City Council Resolution: On 8/15, Inna Vernikov announced a City Council resolution. This is merely a statement of support for the Democratic state legislation and not a new law for NYC.
#UnmaskHateNY: On 6/27, a coalition held a press conference to support Assemblyman Dinowitz’s bill, citing an unsupported claim that a ban would combat antisemitism and hate crimes.
We've compiled more details about each anti-mask initiative and ways to fight back below.
New York State’s Anti-Mask Bills
Two anti-mask bills have been introduced into the New York State Legislature. There is no scheduled legislature session until January of next year. However, due to ongoing controversy with congestion pricing and potential funding needs for the MTA, there is a possibility of a special session before then where this bill could be introduced. Maintaining pressure now is essential to ensure the bill's dangers and lack of community support are clear to lawmakers.
Democratic Bill
Democrats have introduced bill A10057A/S09867, which “establishes the offense of concealment of identity in a lawful assembly, unlawful assembly or riot.” The bill is sponsored by Assemblymember Assemblyman Jeffrey Dinowitz in the Assembly and Senator James Skoufis in the State Senate. Several co-sponsors are on the Assembly version, but at least two have withdrawn due to public pressure. At the time of writing, the Senate version has no cosponsors.
What to Know About the Bill:
Targets “lawful assembly,” which allows for selective enforcement that can discriminate against marginalized groups.
Includes a minimal health exemption that does not currently apply. The language specifies that PPE is only exempt "during a declared public health emergency." The official COVID-19 public health emergency declaration ended in May 2023, so those masking today would not be exempt.
Read more about the issues with the Assembly’s bill here.
Republican Bill
While unlikely to pass, A10043/S09194 was introduced on May 2nd, 2024, by Michael Reilly in the Assembly and Steven D. Rhoads in the Senate. As Reilly has noted, Republicans have advocated for another mask ban in New York since 2021 and have pushed mask bans in other states and nationally since the late 2010s. However, COVID temporarily threw a wrench in the works. Republicans are now seizing the opportunity to check an item on their long-time legislative wish list and are exploiting Jews’ very reasonable fears of antisemitism as cover for it.
What to Know About the Bill:
Establishes two new crimes:
Deceptive Wearing of a Mask (Class B Misdemeanor): Occurs when a masked person loiters, remains, or congregates in a public place with others similarly masked or disguised during a protest, rally, or public assembly. (It also applies to knowingly permitting or aiding such masked individuals to congregate.)
Aggravated Deceptive Wearing of a Mask (Class A Misdemeanor): Includes all elements of the basic offense while causing injury to a person, property damage, or theft of property belonging to another person. (It also applies to knowingly permitting or aiding such masked individuals to congregate.)
Does not include a health exception, but does include exemptions for masquerade parties or similar entertainment with proper permission and religious observance or customs.
Take Action Against the New York State Legislature Bills
Stop Mask Ban NY Action Toolkit - COVID Action NY has assembled an all-in-one toolkit of simple actions you can take to oppose these bills and all harmful mask bans in New York state. You can see legislators' positions at their New York Mask Ban Tracker.
Sign the Jews for Mask Rights Letter: This letter is open to any Jewish person who could be affected by this legislation, whether as a New Yorker, commuter, or potential tourist. Anyone can share the open letter to help get the word out!
Continue calling and writing to your representatives! Even if your council member is not a co-sponsor, urge them to actively oppose the bill. Encourage your senator and city council members to make public statements against mask ban bills. #UnmaskHateNY Coalition
Nassau County Bill
Update (8/22): Disability Rights NY announced a lawsuit against the bill for violating the ADA.
Update (8/14): County Exec Blakeman signed the bill into law.
Update (8/5): The bill passed 12 to 0, with all 7 Democrats abstaining. The hearing was nearly 7-hours long, and disabled and immunocompromised attendees faced severe harassment throughout, including being intentionally coughed on, mocked, heckled, and stalked. Law enforcement and officials did little to intervene, emboldening the aggressors. Read our statement.
On Friday, July 12, 2024, legislator Mazi Pilip announced an anti-mask bill to the County Legislature of Nassau County in Long Island. It was brought to a committee vote three days later on Monday, July 15th. Despite a massive turnout and powerful testimonies, the committee voted to advance it to a full vote in a few weeks, on August 5. All four Republicans voted in favor, while the three Democrats abstained. One Democrat said she was impacted by the comments, noting they stood out from form letters. This underscores the importance of using personal stories in our advocacy efforts.
What to Know About the Bill
The punishment could include a $1,000 fine and jail time if Nassau County police deem a mask is worn "illegally."
Police can require mask removal from wearers with exemptions during traffic stops or when suspected of criminal activity. This could expose individuals to COVID-19, as peak transmission can occur within five seconds.
The bill prohibits mask-wearers from entering public areas or private property without consent, with some exceptions.
The bill lacks guidelines for determining legitimate mask use, potentially leading to inconsistent enforcement and profiling of marginalized communities.
It’s worth noting that the day after the committee meeting, Governor Hochul held a conference to announce low crime rates on Long Island, emphasizing how little relevance this bill has.
#UnmaskHateNY Coalition
Another key element in the battle to protect our health and safety is the Unmask Hate campaign. While its intentions may be to curb antisemitism, its approach is misguided and will have harmful consequences. We have a detailed post explaining our concerns about this coalition. According to its initial press release, Unmask Hate plans to run ads over the summer. This makes it even more critical for us to gather grassroots support now.
Jews for Mask Rights is an independent, small group of concerned Jews without organizational or institutional backing. Our success so far—over a thousand signatures—has been achieved entirely through word of mouth. We need to amplify this grassroots effort. Every bit of support helps.
Take Action
If you are Jewish, sign the open letter opposing mask bans that explains why these bills violate our values and put Jewish people in more danger. Jewish New Yorkers, commuters, and potential visitors can sign.
Use our J4MR Sharing Toolkit to help spread the word. Please tell a friend about us if you haven't already done so. If you have, tell another. Share our cause within your community! Ask your community, clergy, and leaders to sign on and speak out.
Follow us on Instagram or Twitter. Boost our message on social media. Encourage your friends, including non-Jewish allies, to spread the word.
Urge Groups to Withdraw Support. Please contact groups related to your own identities.
For Jewish people: Contact the ADL, ADL NY/NJ, JCRC-NY, and UJA-Federation of New York and request that they withdraw their support for the #UnmaskHateNY campaign. Explain how the campaign endangers public health for everyone, including Jewish people, by stigmatizing mask-wearing, which is crucial for everyone’s health. If you are a donor or potential donor, explain that you will withhold donations until they withdraw their support for this dangerous campaign.
For represented groups: Contact the NAACP New York State and National Urban League and ask them to retract their endorsements. Highlight how mask bans will disproportionately affect communities of color, leading to increased racial profiling and discrimination as well as negative health outcomes.
Governor Hochul’s Proposal
Update (8/14): According to the NY Post, Hochul has softened her stance to adding an enhanced penalty for crimes committed in a mask. (This is still dangerous, as any criminalization of masks increases stigma and profiling.)
Governor Kathy Hochul is likely to agree to sign anti-mask legislation into law. She has voiced support for a mask ban, citing the subway as a particular area of concern. This news follows an incident where an (unmasked) man asked if there were any "Zionists" on the train and told them to leave at the next stop. It is unclear how a mask ban would have improved this situation.
Unlike Dinowitz, Hochul claims to not support a mask ban at protests and says a subway ban would not target those wearing masks for health reasons. (She has not shared how law enforcement would determine who is masking for "legitimate" reasons.) Whatever Hochul’s hopes for a subway mask ban, there is no effective and fair way to enforce such a thing. Any mask ban in New York's poorly ventilated, crowded subways would lead to profiling, harassment, illness, disability, and death.
Take Action
Contact Governor Hochal and urge her to oppose all mask bans!
Phone: 518-474-8390 (press 1 to leave a message, press 2 to speak to a person)
Email: https://governor.ny.gov/content/governor-contact-form
Mail:
The Honorable Kathy Hochul
Governor of New York State
NYS State Capitol Building
Albany, NY 12224Twitter/X: @GovKathyHochul
Instagram and Threads: @GovKathyHochul
How to Stop NY’s Mask Bans
There are no workable mask bans in any form. No matter how the legislation is written, it will only be abused and harm the most marginalized communities. Stigmatizing masks will increase discrimination and harassment against mask wearers.
Your involvement is crucial. Together, we can make a difference and protect the rights and safety of all individuals. We must remain vigilant and active in our opposition to these mask bans.
Take Action
Stop Mask Ban NY Action Toolkit - COVID Action NY has assembled an all-in-one toolkit of simple actions you can take to oppose these bills and all harmful mask bans in New York state.
Jews for Mask Rights Open Letter:
If you are Jewish, sign our open letter opposing mask bans that explains why these bills violate our values and put Jewish people in more danger. Jewish New Yorkers, commuters, and potential visitors can sign.
Use our J4MR Sharing Toolkit to help spread the word. Please tell a friend about us if you haven't already done so. If you have, tell another. Share our cause within your community! Ask your community, clergy, and leaders to sign on and speak out.
Follow us on Instagram or Twitter. Boost our message on social media. Encourage your friends, including non-Jewish allies, to spread the word.
Continue calling and writing to your representatives! Even if your council member is not a co-sponsor, urge them to actively oppose the bill. Encourage your senator and city council members to make public statements against mask ban bills.
Stay Informed
Visit our resources page for talking points and breakdowns of mask bans. While our concern is primarily NY, we have articles about the broader implications of these bans as well.
CovidAdvocacyNY: Advocacy group for many NY-based COVID initiatives in addition to bans. Follow them on Twitter and Instagram for updates.
MaskTogetherAmerica: The group behind #StopMaskBans, which is a more widespread initiative to protect the right to mask.
Follow Public Health Advocates: We’re extremely grateful for the efforts of Dr. Lucky Tran and Myra Batchelder, amongst others.
Get Connected Locally: Find your local mask blocs and advocacy groups using resources like COVID Action Map and MaskBloc.org.
Continue to voice your concerns, gather signatures, and pressure our lawmakers to ensure these dangerous bills do not pass. Together, we can protect our communities and prevent the stigmatization and harassment of mask wearers.
