GOP lawmakers want to expand NC ban on public masking, ending health and safety exemption
New legislation proposed by GOP state lawmakers would repeal the health and safety exemption from the state’s longstanding ban on mask-wearing in public.
The “Unmasking Mobs and Criminals” bill, introduced in a legislative committee as a substitute to an existing House bill, would remove an exemption to the ban on wearing masks in public, that currently allows mask-wearing “for the purpose of ensuring the physical health or safety of the wearer or others.”
Sen. Buck Newton, a Wilson Republican, presented the bill to the Senate Judiciary Committee on Tuesday morning during a discussion-only meeting. Newton told reporters after the committee adjourned that lawmakers wanted to address instances of people hiding their identities in public.
Newton said the bill is partially in response to recent demonstrations on college campuses across the state, where many protesters have been seen wearing masks. But he said that the protests aren’t the only reason lawmakers want to take action.
Penalties for masks during crimes
In addition to repealing the health and safety exemption, the bill would increase criminal penalties for people who wear masks to conceal their identity while committing another crime.
Under the bill, anyone who admits to having, or is found by a jury to have worn a mask to hide or attempt to hide their identity during the commission of another crime would face a misdemeanor or felony that is one class higher than the underlying offense they were convicted for.
The bill leaves in place a number of other exemptions, including provisions that allow public masking for people who are:
▪ Wearing “traditional holiday costumes in season;”
▪ “Engaged in trades and employment where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade or profession;”
▪ “Using masks in theatrical productions including use in Mardi Gras celebrations and masquerade balls;”
▪ Members of any societies, orders, or organizations engaged in any parades, rituals, initiations, ceremonies, celebrations or other required events, who have obtained permission from local authorities.
Penalties for protests that block traffic
The bill also changes existing law to impose new penalties for participating in demonstrations intended to block traffic, or willfully impeding traffic and blocking emergency vehicles. In addition to criminal penalties, the bill would allow for organizers of protests that block emergency vehicles to be held civilly liable for any injuries or death that results from those delays.
Newton said that lawmakers want to preserve the First Amendment rights of people to demonstrate, but added that protesters need to do so in an orderly way, and that it’s unacceptable for people to block ambulances, fire trucks, or other emergency vehicles.
“The folks that want to express their frustration about a particular issue, certainly have the right to do that,” Newton said. “They do not have the right to risk people’s health and safety.”
Newton, a chairman of the Judiciary Committee, said he expects the bill will be taken up for more discussion and a vote to advance it out of the committee next week.
In the Spotlight designates ongoing topics of high interest that are driven by The News & Observer’s focus on accountability reporting.
