Mask ban — NJ could ban masks in public and at protests

⭕ Sen. Bramnick wants to ban wearing a mask at protests

⭕ It has nothing to do with COVID masking policies

⭕ A similar law is in place in New York State

Wearing a mask at a protest would be banned under legislation being proposed by New Jersey State Sen. Jon Bramnick (R-Westfield).

The idea was born not out of concerns about masking rules during the pandemic but is being proposed as a tool to help law enforcement.

"We know that most of the people breaking the law aren't wearing the masks because they're afraid of catching COVID," Bramick told New Jersey 101.5, "I'm putting this bill in to start the conversation to say, 'if you're protesting and you're violating a law, we're gonna have a statute to say you cannot wear a mask.'"

Bramnick says the pandemic normalized wearing a mask and bad actors are taking advantage.

"When we were growing up, if someone walked into a supermarket with a mask, a woolen hat, sunglasses, and a bag, we didn't think they were customers. It's gotten to the point where now the bad guys are using this as a disguise or a coverup, and that's why you're going to see these bills pop up all over the country."

A similar law is in effect in New York

Earlier this year, lawmakers passed the Mask Transparency Act in Nassau County, Long Island.

Under the new law, police can demand that individuals suspected of criminal activity or suspected of the intention to commit criminal activity remove a mask to expose their full face.

The Nassau County bill was initially drafted is response to what supporters claimed were anti-Semitic incidents perpetrated by those in masks triggered by the Israel-Hamas war.

Concealing your identity is charged as a misdemeanor and punishable by a fine of $1,000 and up to a year in jail.

There are exemptions for religious and health reasons.

New York City Mayor Eric Adams and Gov. Kathy Hocul have also been supporting of a city and/or statewide mask ban.

Mask ban is controversial

The American Civil Liberties Union has been vehemently opposed to any public mask ban, worrying it could stifle an individuals' right to express their views anonymously.

In response to the Nassau County law, the ACLU accused politicians of "a dangerous misuse of the law to score political points and target protestors."

Even with the exceptions made for religious and health reasons, the ACLU says police officers are not health or religious experts and are not capable of deciding who needs a mask and who does not.

In New Jersey, Sen. Bramnick anticipates pushback from the ACLU as well.

"Clearly the ACLU will take a position against this bill," Bramnick said, "That doesn't stop my support for law enforcement having the opportunity to identify these lawbreakers. We don't want you to be anonymous when you're breaking the law."

Bill still being drafted, confident of passage

With the New Jersey Senate and Assembly on Summer break, the bill to ban wearing a mask at protests is still being drafted.

Bramnick expects he will have bi-partisan support and predicts this will be one of the first bills the legislature addresses when members return to the Statehouse in the Fall.

Among the issues still being worked out are penalties for violations.

Like Nassau, Bramnick says a violation of the mask ban would be a misdemeanor and likely include a fine and possible jail time.

"I think we'll get this in committee the minute we get back in the legislature," Bramnick said.

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