AG Letitia James getting behind bid to reimplement NY law banning masks after anti-Israel protest incidents
New York Attorney General Letitia James is getting behind an effort to change state law that could ban face coverings at protests — following a surge in hateful attacks involving masked antisemites.
In an exclusive statement to The Post, a spokesperson for James said that the state’s top attorney is “in discussions” with Gov. Kathy Hochul and lawmakers over the push to bring back New York’s mask ban — which she supported scrapping during the onset of the COVID-19 pandemic, right before the George Floyd demonstrations began to rage.
“This is a complex legal matter and we are currently in discussions with lawmakers on this issue,” the statement from James’ office reads.
“In New York, no one should be able to hide behind a mask to spew hate.”
While James’ role is purely advisory at this stage of the lawmaking process, her opinion carries significant weight given that she is the one who would ultimately be charged with defending such a law in court were it to be reimplemented and challenged.
Back in May 2020, James had penned a letter to state lawmakers expressing her full-throated support of repealing the more than two century-old ban on group mask-wearing, arguing it was a necessary step to enforce public health directives during the pandemic.
The Legislature voted to repeal the law three days after Floyd’s death at the hands of a Minneapolis cop, an incident that sparked nationwide protests.
Jewish leaders have recently called on lawmakers to bring the law back — arguing its allowing virulent anti-Jewish protesters to spew hate while escaping accountability.
“We will not tolerate individuals using masks who may be responsible for criminal or threatening behavior,” Hochul said Thursday, pointing out a shocking incident in which masked thugs took over a subway car in Manhattan earlier this week and ordered “Zionists” to “get out.”
Hochul said she was working with lawmakers after Jewish leaders’ calls, first reported by The Post, to reinstate the anti-masking law, with the talks largely, but not entirely, focused on subways.
Mayor Eric Adams went a step further, saying, “I agree with those who are calling for removal of the ban, not only for the protesters who are using vile language, but also for criminal behavior” in an interview on 77 WABC’s “Cats & Cosby” Thursday evening.
“Cowards hide their faces. Dr. [Martin Luther] King did not hide his face,” Adams told hosts John Catsimatidis and Rita Cosby.
“Now is the time to go back to the way we were pre-COVID, where you should not be able to wear masks at protests.”
State pols, both Republican and Democrat, are starting to come around to the idea of bringing back the law, which banned gatherings of people covering their faces — and carried a penalty of 15 days in jail.
“I am pleased to see Democrats at every level begin to snap back to reality on public safety – even if it is just a result of low poll numbers,” said Assemblyman Mike Reilly, who sponsors a bill that would revive the ban and implement stiffer penalties for groups of assailants who threaten people or vandalize property while masked.
“Governor Hochul must call us back to Albany immediately to do this,” Reilly (R-Staten Island) told The Post on Friday, referring to the fact that the Legislature, whose session ended last week, would need to come back to Albany to take special action.
Though it’s unclear exactly how in-depth the talks are, James does sometimes get involved in crafting policy.
Earlier this year she played a major role in drawing landmark legislation to give parents more control over how their kids interact with addictive social media feeds.
That legislation is almost certain to be challenged in court where James would lead its defense.
Hochul made clear that any action on a mask ban would include “major exemptions” for health concerns as well as cultural and religious reasons.
“We are still fine tuning it to make sure everyone who is immunocompromised or has a religious reason can continue to wear masks but, otherwise, it should revert to the pre-pandemic law,” state Sen. Jim Skoufis (D-Orange) told The Post Friday about the bill he backs.
The piece of legislation Skoufis sponsors with Assemblyman Jeffrey Dinowitz (D-Bronx) is similar to Reilly’s, but would mostly just reimplement the former law.
“Some of these antisemitic incidents I’m seeing is like what happened to Jews in Nazi Germany before the war,” Dinowitz said.
The Bronx pol, as well as Skoufis, say they think any masking ban should expand beyond just applying in the subways, which Hochul said was her “primary focus” on Thursday.
“I don’t see why subways would be any different than above ground,” Dinowitz noted.
Hochul — who called the antisemitic takeover of the subway car “vile and disgusting behavior” — didn’t delve into many specifics on how she planned to move forward on the issue.
Lawmakers have left open the possibility of coming back to Albany to take up measures to secure a revenue source for the MTA’s capital plan after Hochul suddenly scrapped the congestion pricing scheme that had been set to go into effect June 30.
But it’s unclear if and when they would do so and whether masking legislation could get tacked onto the agenda.
“We agree that no one should be able to hide behind a mask to spew hate, and we look forward to potential solutions,” Scott Richman, Regional Director for the Anti-Defamation League told The Post Friday.
A new group, the #UnMaskHateNY Campaign, announced Friday its formation to help push the initiative.
“Tactics of intimidation by those wearing masks date back to the racist atrocities of the Ku Klux Klan,” the group wrote in a statement.
“Today, we have watched in horror as individuals with hidden identities have terrorized New Yorkers with covered faces and no consequences.”
“I commend Gov. Hochul and Attorney General James for raising this important issue in the middle of a public safety emergency” said Jewish Community Relations Council CEO Mark Treyger.
“What we’re witnessing are the tactics of the Nazis from the 1930s playing out in 2024. They realize that mask covering is a barrier for law enforcement to hold bad actors using Nazi tactics accountable.”
