RE: Kyllo: Taking the 5th on the 4th
From: Jim Choate[SMTP:ravage@ssz.com]
On Tue, 3 Jul 2001, Tim May wrote:
The whole issue of "going masked" is a murky one, legally.
No, it isn't. While police certainly need 'probably cause' to institute a search there are NO (zero, nadah, nil, nul, none) requirements on citizens to wear any particular part or type of clothing (or not wear it even). Any such law would violate the 1st.
James Choate
---------------- Of course, Choate fails to check facts.... -------------------------------- City of Cincinnati section 910-17. "Wearing of masks or hoods" no person shall appear on any public way, public property or any place open to view by the general public wearing a mask, hood, regalia, paraphernalia or other device which partially or completely covers the face with purpose to conceal the identity of the wearer. The provisions of this 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 or 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 or at masquerade balls or for other entertainment purposes; (4) a person wearing a gas or medical mask as prescribed for emergencies or by current medical regulations. Whoever violates this section is guilty of wearing a mask or hood in public, a misdemeanor of the fourth degree. ------------------------ Whether or not Jim thinks this is constitutional (and I and many others would agree that it is not), it is the law of the land and a requirement, at least in Cinicinnati. Peter Trei
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Trei, Peter