OPINION: Halloween — Trick or Treaters Beware?
Did you know that New York State has an Anti‐Mask Law?
According to New York Penal Law §240.35 (4) (Loitering): “A person is guilty of loitering when he: Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or
disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place; except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities.”
This law is over 150 years old. It was enacted in 1845 after protesters disguised themselves as Indians so they could attack law enforcement officials and not be recognized. This Law has been used several times recently by the NYPD:
In 1999, a branch of the Ku Klux Klan (KKK) wanted to wear white masks during a rally in lower Manhattan, claiming their masks were a form of political expression, protected by the First Amendment. They petitioned the NYPD to be able to wear their masks and were turned down. The case went up to the Second Circuit Court of Appeals, which upheld the Law, holding that the KKK’s hoods and robes sufficiently conveyed their political beliefs.