Gov. Kathy Hochul’s proposed public masking ban could be in jeopardy.
Her plan has divided Democrats, with supporters seeing their elimination as a crime-fighting issue and others saying a ban would give President Donald Trump a win.
What You Need To Know
- If Gov. Kathy Hochul gets her way, a new penalty for masked harassment would be added to the criminal code
- Supporters say a boosted crackdown would curb antisemitism, especially after college campuses erupted in protest over the Israel-Hamas War
- Some Democrats say they’re now souring on the idea, after the Trump administration announced it is embracing mask ban enforcement on college campuses
“Current criminal law is: you can’t harass people, you can’t menace people, you can’t threaten people and you can be charged with those crimes today here in New York — that’s been on the books for a very long time,” said State Sen. James Skoufis, a Hudson Valley Democrat who sponsors a bill favored by the governor.
If she gets her way, a new penalty for masked harassment would be added to the criminal code.
“The point of a new charge is to underscore there is an added level of fear that someone could have if someone’s in your face screaming obscenities, or God forbid, physically threatening you, while also wearing a mask,” Skoufis said.
Hochul argued last summer the ban would cut down on masked subway crime.
Supporters say a boosted crackdown would also curb antisemitism, especially after college campuses erupted in protest over the Israel-Hamas War.
“Jewish students on college campuses feel victimized and they are being targeted by people, cowards frankly, under the guise of wearing a mask. We have to put an end to that. We have to stand up against hate,” Queens Democratic Assemblywoman Nily Rozic said.
“[The] first obligation of government is to protect its citizenry. If we don’t know who the people are attacking the citizenry, what’s the point of going on?” State Assemblyman Ari Brown, a Republican representing parts of Queens and Nassau County, said.
But now, some Democrats say they’re souring on the idea, after the Trump administration announced it is embracing mask ban enforcement on college campuses.
“I’m for a mask ban because I represent a community that has been harassed, significantly, by masks,” Democratic Queens State Assemblyman Andrew Hevesi said.
“But the problem is, now you have a president who is actively taking measures to kick protestors out of the United States of America,” Hevesi added.
Others argue law enforcement would gain too much discretion.
“We don’t need to add an additional thing that will allow the police to randomly arrest people. We’re seeing a lot of random arrests right now. It’s really dangerous. We’re in a different era under the Trump administration,” State Assemblywoman Emily Gallagher, a Brooklyn Democrat, said.
“I don’t want our young people stopped on the streets,” added Nikki Lucas, a Democratic State Assemblywoman from Brooklyn, who argues the measure would unfairly target Black and Brown communities.
“Within our communities, where there is a lot of over-policing at times, I believe it would be inequitable enforcement, as well as over-policing,” she continued.
Lawmakers are on track to pass another extension of the state budget deadline.
Sources say they will likely leave Albany by Thursday, April 3 without shutting down negotiations, after Hochul and legislators failed to come to a deal by April 1.