Re: Masks [was: Re: About 5yr. log retention]

Ond 12/09/2000, Ray Dillinger wrote:
It is illegal in Georgia, and a number of other Southern states of the US, to appear in public wearing a mask.
Not that it's usually enforced on anybody but the Ku Klux Klan.
Dunno about other countries and other states.
In "Church of the American Knights of Ku Klux Klan v. City of Erie," a federal district judge in the western district of PA held: 1. a provision prohibiting a person from wearing a mask in public with intent to deprive others of equal protection of laws or to prevent or hinder constituted authorities from providing equal protection of laws to others did not violate First Amendment; 2. a provision prohibiting wearing of a mask in public with intent of intimidating others because of their exercise of their rights or to cause others to fear for their own safety did not violate First Amendment; but 3. a provision prohibiting wearing of mask in public "with intent to intimidate" violated First Amendment because it was overbroad. The ordinance was: 733.02 CONCEALING IDENTITY IN PUBLIC PROHIBITED Wearing hoods which conceal the identity by hiding the face or masks in a public place is hereby prohibited. No person shall, while wearing any hood which conceals the identity by hiding the face, mask or device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, enter, be or appear in any public place within the City. A "public place" was defined as: "all walks, alleys, streets, boulevards, avenues, lanes, roads, highways or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; and all grounds and buildings owned, leased or operated for the use of organizations enjoying all tax-exempt privileges as charitable use." Section 733.01. There were, of course, exceptions to the ordinance: Section 733.02. Certain persons are explicitly exempted from this general prohibition, including: (a) persons under sixteen years of age; (b) persons wearing a traditional holiday costume in season; (c) persons using masks in theatrical productions; (d) persons lawfully engaged in trades or employment or in a sporting activity where a mask or facial covering is worn for physical safety; (e) persons wearing a gas mask in drills, exercises or emergencies; (f) persons wearing a mask for purposes of protection against cold weather; (g) persons wearing a mask because of any illness, allergy or on the advice of a physician. Section 733.04. And the additional requirements were: (a) With the intent to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws, or for the purpose of preventing or hindering the constituted authorities of the United States or of this State or any subdivision thereof from giving or securing to all persons within this State the equal protection of the laws; or (b) With the intent, by force or threat of force, to injure, intimidate or interfere with any person because of his exercise of any right secured by Federal, State or local laws, or to intimidate such person or any other person or any class of person from exercising any right secured by Federal, State or local law; or (c) With the intent to intimidate, threaten, abuse or harass any other person; or (d) With the intent to cause another person to fear for his or her personal safety, or, where it is probable that reasonable persons will be put in fear for their personal safety by the defendant's actions, with reckless disregard for such probability; or (e) While engaged in conduct prohibited by civil or criminal law, with the intent of avoiding identification. Section 733.05. In Hernandez v. Superintendent, Fredericksburg-Rappahannock Joint Security Ctr., the court found in part that "a detachable mask worn by KKK members was not constitutionally protected symbolic speech." The theory was that said detachable mask was not "an essential part of traditional Klan regalia," but an optional accessory. In American Knights of the Ku Klux Klan v. County of Bedford, Pennsylvania, the judge struck down as unconstitutional an anti-mask ordinace which he called a "transparent attempt to restrict public rallies of KKK whose organization members are notorious for the hoods that are part of their regalia". Numerous states have "mask enhancements." Florida, for example: 775.0845. Wearing mask while committing offense; reclassification The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity. (1)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree... Oklahoma has a state statute prohibiting mask wearing (note the exceptions): ' 1301. Masks and hoods--Unlawful to wear--Exceptions It shall be unlawful for any person in this state to wear a mask, hood or covering, which conceals the identity of the wearer; provided, this act shall not apply to the pranks of children on Halloween, to those going to, or from, or participating in masquerade parties, to those participating in any public parade or exhibition of an educational, religious or historical character, to those participating in any meeting of any organization within any building or enclosure wholly within and under the control of said organization, and to those participating in the parades or exhibitions of minstrel troupes, circuses or other amusements or dramatic shows. Any person, or persons, violating the provisions of this section of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period of not exceeding one (1) year, or by both such fine and imprisonment. as does Georgia: 16-11-38 Wearing mask, hood, or device which conceals identity of wearer. (a) A person is guilty of a misdemeanor when he wears a mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer and is upon any public way or public property or upon the private property of another without the written permission of the owner or occupier of the property to do so. (b) This Code section shall not apply to: (1) A person wearing a traditional holiday costume on the occasion of the holiday; (2) A person lawfully engaged 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, or profession, or sporting activity; (3) A person using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls; or (4) A person wearing a gas mask prescribed in emergency management drills and exercises or emergencies. [Don't you think a mask is part of the "nature of the occupation, trade, or profession" of a bank robber, Georgia?] as does Puerto Rico: ' 4433. Wearing disguise It shall be punishable by imprisonment not exceeding six months or a fine not exceeding five hundred dollars, or both, in the discretion of the court, for any person who wears a mask, false whiskers or any other disguise, whether complete or partial, or alters in any way, temporarily or permanently his physical appearance for the purpose of: (a) Evading discovery, recognition, or identification in the commission of any offense. (b) Concealing, fleeting or escaping when prosecuted, arrested for or convicted of any offense. Tennessee has a statute similar to the Erie ordinance as mentioned above. I was unable to locate any other states with statutes addressing "mask wearing" in public (without intent to commit burglary). No doubt the rest of the offending rules are ordinances instead. Ugh.

On Sat, Dec 09, 2000 at 10:06:03PM +0100, Anonymous wrote:
I was unable to locate any other states with statutes addressing "mask wearing" in public (without intent to commit burglary). No doubt the rest of the offending rules are ordinances instead.
Also see 18 USC 242 and 42 USC 1985 for criminal and civil penalties, respectively, for "two or more persons" who "go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege" secured by the US constitution or the laws of the United States. -- Greg Broiles gbroiles@netbox.com PO Box 897 Oakland CA 94604

Anonymous <nobody@remailer.privacy.at> wrote:
Oklahoma has a state statute prohibiting mask wearing (note the exceptions):
§ 1301. Masks and hoods--Unlawful to wear--Exceptions
It shall be unlawful for any person in this state to wear a mask, hood or covering, which conceals the identity of the wearer; provided, this act shall not apply to the pranks of children on Halloween, to those going to, or from, or participating in masquerade parties, to those participating in any public parade or exhibition of an educational, religious or historical character, to those participating in any meeting of any organization within any building or enclosure wholly within and under the control of said organization, and to those participating in the parades or exhibitions of minstrel troupes, circuses or other amusements or dramatic shows. Any person, or persons, violating the provisions of this section of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period of not exceeding one (1) year, or by both such fine and imprisonment.
Fascinating. Do they have motorcycles in Oklahoma?
participants (3)
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Anonymous
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Anonymous
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Greg Broiles