Majority Leader John Rubbo wrote, “At our November 4th Legislation and Codes meeting, we were honored to have high school students from across our city join us in a debate over legislation Council President Lakisha Collins-Bellamy sponsored. The legislation the Council President sponsored would ban full masks, hoods, and face coverings on public property. It was inspiring to see such well researched and well-spoken arguments brought in front of the City Council. We applaud these future leaders and hope they remain engaged in local government,” said Rubbo.
The students voted in favor of the mask ban by a 60%-40% vote. YPS Superintendent Anibal Soler, Jr. also attended the meeting.
The Yonkers City Council is reviewing a proposed law which would amend the City Code to restrict “WEARING A MASK, HOOD, OR OTHER DEVICE ON PUBLIC PROPERTY”\
The Council has not yet voted on this item. It is currently in the Legislation & Codes Committee Chaired by Majority Whip John Rubbo.
The proposed law reads, “No person or persons shall within the City of Yonkers, while wearing any mask, hood or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of the City.
The provisions of this chapter shall not apply to persons:
-Wearing a traditional holiday costume on the occasion of the holiday;
-Wearing a face covering for a religious purpose;
-Lawfully engaging in trade and employment or in a sporting activity 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, profession, or sporting activity;
-Using a mask in a theatrical production, including use in Mardi gras celebrations and masquerade balls;
-Wearing a face covering to protect the wearer from the elements while participating in a weather affected activity, including a winter sporting event;
-Wearing a gas mask prescribed in emergency management drills and exercises or emergencies;
-Wearing a mask for the purpose of complying with the guidance of any health care agency or health care provider or to otherwise protect against the spread of infectious diseases; or Lawfully engaged in First Amendment activities.
The purpose of the proposed law would be to address safety concerns related to the wearing of face covers that cause the face to be so hidden, concealed, or covered as to conceal the identity of the wearer, and to address safety concerns related to the wearing of face covers that cause the face to be so hidden, concealed, or covered as to conceal the identity of the wearer. Violators would face fines of $250.
Nassau County has passed a similar mask ban. Nassau County’s “Mask Transparency Act” was signed into law on August 14, 2024 and is in effect. The upstate village of Ballston Spa has also passed a mask ban.
“This is not an abridgment of anybody’s rights. Nobody has a constitutional right to hide their identity in public,” said Nassau County Executive Bruce Blakeman. “This is a broad public safety measure. What we’ve seen is people using masks to shoplift, to carjack, to rob banks, and this is activity we want to stop.”
Exceptions on the Nassau Mask Ban include:
“…shall not apply to facial coverings worn to protect the health or safety of the wearer, for religious or cultural purposes, or for the peaceful celebration of a holiday or similar religious or cultural event for which the wearing of masks or facial coverings are customarily worn.”
The NY Civil Liberties Union opposes the ban. “This comes as COVID-19 continues to surge and anti-war protestors face increased doxxing and targeted surveillance. New York rightly repealed its prior mask ban at the start of the COVID-19 pandemic. Implementing a new ban will inevitably be used to disproportionately target, surveil, and criminalize protestors with controversial views, ostracize people with disabilities and their loved ones, and hurt Black, Brown, and Muslim New Yorkers.
“Any mask ban will inevitably be selectively enforced and weaponized against New Yorkers who are Muslim, Black, and other people of color – all of whom already face disproportionate targeting, surveillance, and abuse by police. Police should not have legal authority to arrest or ticket people who are engaged in cultural, religious, or political expression, and wearing a mask should not be a crime.
Mask bans will undermine public health and push people with disabilities and those who are immunocompromised further into society’s margins.
“All New Yorkers should be assured of our right to wear a mask, and no one should have to fear harassment, intimidation, or arrest for trying to protect ourselves or our loved ones. People should not be criminalized for what they wear. Laws that criminalize someone’s attire fly in the face of free expression principles target vulnerable communities and threaten the foundation of our civil liberties. Law enforcement must respect the religious practices of everyone they come into contact with. If you wear a niqab or burqua, you should not be required to remove your religious garb unless absolutely necessary – for instance, should you be arrested, law enforcement can mandate your face is unencumbered if your photograph must be taken.
“The ban, which has exemptions for health and religious reasons, is touted as a public safety measure meant to target those who commit crimes while wearing face coverings. writes the NYCLU.
Howard Kopel, a member of the Nassau County Legislature, or county council, said the measure was introduced in response to “antisemitic incidents, often perpetrated by those in masks,” since the start of the Israel-Hamas war on Oct. 7.
New York Governor, Kathy Hochul said in June that she was considering a mask ban in the NYC subways.
In Nassau the vote for the mask ban was along political lines, with 12 republicans voting yes and 7 democrats voting no.
In Yonkers, the mask ban has been proposed by the democratic majority on the council, but also appears to have republican support.
Media reports have already begun to highlight the threats of lawsuits to the Nassau mask ban.
