Gov. Hochul Reaches Agreement with Lawmakers on New Penalty for Mask-Wearing Offenders
The latest proposal is part of the state’s billion-dollar budget initiative.
New York state plans to implement stricter measures against individuals wearing masks to hide their identities while committing crimes, as outlined in the $254 billion budget bill that lawmakers are expected to address shortly, announced by New York Gov. Kathy Hochul’s office on April 28.
The budget also allocates $357 million for “gun violence prevention programs,” and $77 million for subway safety, which includes deploying police officers on every overnight subway train and installing barriers along platforms.
Additionally, the spending plan features a provision aimed at “amending discovery laws to support victims and survivors while minimizing the number of cases dismissed on technical grounds,” with $120 million earmarked for compliance funding for both prosecutors and defense attorneys.
“To be clear: I’m not making these significant investments in law enforcement and public safety, and strengthening our laws only to see criminals escape due to minor technical issues,” Hochul asserted. “Crime victims often helplessly watch as their attackers walk free, not because they are innocent, but due to procedural nuances. It’s my responsibility to advocate for these victims—many of whom are survivors of domestic violence—and that’s precisely what I’m doing.”
At that time, Hochul acknowledged the necessity of addressing the issue and had begun discussions with lawmakers regarding potential mask legislation.
Backlash Over Hochul’s Mask Proposal
The proposal faced backlash from civil liberties organizations, claiming it could inhibit the right to anonymous protest and raised questions about its constitutionality. It also encountered resistance from disability advocates, who argued that masks are essential for preventing the spread of infections among subway passengers.
The American Civil Liberties Union (ACLU) urged the public to contact New York lawmakers, asserting that wearing a mask should not be a criminal offense.
Hochul mentioned that any mask ban would include exemptions for health, cultural, or religious reasons, though it remains unclear if those exemptions will apply to the latest proposal.
During the COVID-19 pandemic, mask-wearing was mandatory on New York City subways, but the mandate was lifted in September 2022 following updated guidance from the U.S. Centers for Disease Control and Prevention, making mask-wearing optional thereafter.
Hochul’s announcement was positively received by #UnMaskHateNY, a campaign spearheaded by civil rights and faith leaders, who expressed gratitude to the governor for integrating “masked harassment language” into the budget, labeling the move a “step towards addressing a crisis in NY.”