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New York State Legislature considering ban on face masks and coverings in public to prevent criminal activity

“How it's used would be the ultimate test”
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BUFFALO, NY (WKBW) — The New York State Legislature is considering a controversial new bill that would impose a ban on face masks and coverings in public. This proposal is not about health or safety, but instead, it aims to prevent criminals from using masks to hide their identities while committing crimes.

Governor Kathy Hochul voiced her support for the ban. She cited growing concerns about individuals using face coverings so they can’t be identified during criminal acts.

“Masks used in — commission of a crime are deeply troubling to me,” said Governor Hochul.

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Wearing face masks to disguise identity in a crime.

“Think about a bank robber—he walks in, their face is covered, " Hochul explained. "Someone assaults someone on the subway, they can get away with it, despite the fact we have cameras because they are masked."

However, not everyone is on board with the ban. The New York Civil Liberties Union (NYCLU) does not agree with it.

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New York Civil Liberties Union (NYCLU).

The organization warns that a mask ban could infringe upon civil liberties. It said it would not make New Yorkers safer and instead could harm those with disabilities, protesters, and minorities and could give law enforcement reason to “unfairly stop” – Black, Brown, and Muslim people.

I also spoke with Dr. Khalid Qazi president of the WNY Muslim Public Affairs Council about his concerns.

“There is a significant danger of potential discrimination against minorities," said Dr. Qazi. "There is a potential for violation of any religion,”

But when it comes to a mask ban to fight criminals, he agrees.

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Dr. Khalid Qazi, president of the WNY Muslim Public Affairs Council.

“If somebody is using masks to hide a crime, I mean, there will be no sympathy for that,” he said.

The bills, currently before the state legislature, include specific exemptions for masks or face coverings.

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Exemption in the bill includes religion.

The exemptions include:

  • Medical or religious purposes
  • Occupational safety
  • Protection from weather
  • Costumes for holidays or celebrations

Buffalo Attorney Lindy Korn-Myers, who specializes in civil rights, said that while the bills provide these exemptions, how it is implemented will be key. She noted that if these exemptions are violated, lawsuits could be filed.
“They've identified specifically that those are not who they are targeting if the law passes, and how it's used, would be the ultimate test,” said Korn-Myers.

Republican State Senator Patrick Gallivan has also weighed in on the bill as part of this year's budget discussions.

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Republican State Senator Patrick Gallivan.

“Are you in support of it?” I asked.

“Well, the governor's made a proposal, it's been short of specifics so far, I’m in support of the general premise of doing something about masks in public,” Gallivan responded.

Gallivan said he believes that both Republicans and Democrats agree something needs to be done, but lawmakers must strike a careful balance between combating crime and protecting civil rights.

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Bills in the state legislature.

“Both Democrats and Republicans, from the majority and minority, believe that something should be done, and at the same time, everybody believes we have to be conscious of people's civil rights, and you have to balance it with in addition to the civil rights, health reasons, and religious reasons,” said Gallivan.