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Mask Ban

An act to amend the penal law, in relation to the crime of masked harassment and aggravated harassment

In 2020, New York repealed its statutory mask ban. A.3133 (Dinowitz) / S.3070 (Skoufis) would once again ban masks in New York by creating a new crime of masked harassment and expanding the definition of aggravated harassment to include crimes committed while masked. A.3133/S.3070 will open the floodgates to disproportionate enforcement, penalize individuals for what they are wearing rather than unlawful conduct, fail to protect the right to anonymous political protest and shield individuals from doxing, undermine health and safety, inevitably discriminate against people with disabilities and those they associate with, and foment antisemitism. What is more, this particular bill offends constitutional guarantees of due process and is void for vagueness. For all of these reasons, the NYCLU strongly opposes A.3133/S.3070 and urges the legislature to reject it.

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