Face masks became widespread during the COVID19 pandemic. Illinois mandated indoor masks in 2020 and extended this to mass transit systems such as the Chicago Transit Authority until Spring 2022. Now, a rising trend wants to ban public mask wearing, raising concerns among advocates for civil rights.

The Push to Prohibit Masks

The desire to ban masks comes from their misuse by criminals for hiding identities. Such uses make identifying perpetrators in video surveillance hard. “These people are not using these for COVID protection,” said Alderman Ray Lopez (15th Ward). He suggested tougher punishment for crimes committed while wearing a mask, aiming to thwart misuse rather than an outright ban.

Lake in the Hills, a northwest suburb, will soon enforce a no mask rule at the Rocking’ Rotary Ribfest except for medical reasons. This action follows instances of violence at a recent event leading organizers to take steps. “We must address local and national trends of misusing face coverings for malicious intent,” noted Lake in the Hills police officials.

Worries of the ACLU

The American Civil Liberties Union (ACLU) of Illinois expresses concern over these broad mask bans. “The extent of these bans is what worries us,” declared Edwin Yohnka, ACLU Illinois’ director of communications and public policy. Masks have been used in demonstrations including Pro Palestinian protests and events like outside U.S. Representative Brad Schneider’s house in Highland Park which caused neighbor’s distress.

New York Governor Kathy Hochul is thinking about prohibiting mask usage on public transit following incidents where antisemitic acts were hidden behind face coverings. “We are addressing individuals who use facial masks hiding from government observation,” Hochul stated. However, according to Yohnka, such bans might infringe people’s right to protest.

Mask Bans and Surveillance in the US

America’s mask banning dispute reflects a global fight against advanced surveillance. A Hong Kong High Court ruling judged a government mask ban as unconstitutional, emphasizing the balance between being observed and the right to remain anonymous.

US mask bans trace back to 19th Century New York State laws aimed at suppressing violent tenant farmer rebellions. These laws usually have exemptions for festive costumes, theatrical performances and religious practices. Legal challenges have seen mixed outcomes with some upheld while others overturned.

Controversy in Mask Law History

The presence of Ku Klux Klan complicates face covering laws in the US. Southern states imposed mask bans during the 1940s and 1950s in an attempt to curb Klan activities but these laws are now repurposed against progressive demonstrators. New York law was used to arrest Occupy Wall Street demonstrators while Alabama’s law helped force removal of masks during protests against white supremacists.

Expanding Use of Facial Recognition

The growing use facial recognition technology adds gravity in face masking paradox. Concerns regarding privacy are rising. Such technology allows authorities to identify crowd members possibly creating database systems that track protest activities exposing potential breaches and misuse.

Anti Mask Laws Repeal

The ACLU asserts that anti-mask laws are not necessary causing confusion especially during public health crises. It is recommending that states’ attorney general or governor declare nonenforcement of such laws during pandemics. Legislature should repeal or modify these existing laws balancing public health needs with First Amendment rights.

Laws Against Mask Wearing during Crimes

Several states including California, Michigan and Florida consider it an offense to wear a mask while committing a crime. Some states also have laws against wearing masks with the intention to intimidate or harass others. These laws are often subjective leading to racial profiling and targeting of demonstrators.

Anti Mask Laws Provisions

Laws prohibiting masks vary from state to other states. Some impose total bans like Alabama’s public places law whereas others have exemptions for religious and entertainment purposes. Such provisions usually do not cover masks worn for health needs or during demonstrations

Future of Mask Prohibition

The dispute on banning masks in the US underscores the issues between safety of the public and civil rights. With progress in surveillance technology, protecting individual privacy becomes increasingly important. The ACLU along with other civil liberties advocates are pressurizing repeal or amendments of anti-mask laws to ensure people can express themselves publicly without fear of retribution.

Conclusion

The proposition to ban public masking has stirred a complicated argument in the US. Although their intention is deterring crime, civil liberties advocate caution about possible implications for privacy rights and protesting. As it continues developing it remains crucial that we balance public safety with protection of civil liberties in an environment increasingly influenced by surveillance technology.”

“As technology improves becoming more prevalent, situations will arise where having our faces exposed is not welcomed,” warned Yohnka. The ACLU insists on upholding freedom to cover faces in public promoting rules aimed solely at mask usage intended for criminal activities. In a time dominated by facial recognition technology maintaining this liberty is vital for safeguarding rights relating privacy and protesting.