Updated: July 29, 2001
Wearing Masks is Not Illegal
by Partnership for Civil Justice 12:21pm Fri Jul 27 '01
phone: (202) 530-5630 misconduct@JusticeOnline.org OF ITSELF
The District of Columbia law against "wearing hoods or masks" applies to persons age 16 or older, but only if the person wears the mask for specific purposes, including to intimidate, to harass, to cause another to fear for his/her personal safety, or to avoid identification in the course of committing a crime. Please see the relevant portions of the DC law reproduced below. (article 1)
A fact sheet from the attorneys at Partnership for Civil Justice
WEARING MASKS IS NOT
ILLEGAL IN AND OF ITSELF
The District of Columbia law against "wearing hoods or masks" applies to persons age 16 or older, but only if the person wears the mask for specific purposes, including to intimidate, to harass, to cause another to fear for his/her personal safety, or to avoid identification in the course of committing a crime. Please see the relevant portions of the DC law reproduced below.
There are many lawful reasons to wear facial coverings that have nothing to do with the purposes made illegal by the D.C. Code
- Wearing a mask or bandana for the purpose of expressing solidarity with other political movements, such as the Zapatistas, is not illegal under the terms of the D.C. Code, and additionally is a form of political speech protected by the First Amendment.
- Wearing a facial covering to avoid identification is not illegal under the D.C. Code unless it is done while in the course of breaking the law. Just as the First Amendment protects the right to engage in political speech, it has long been recognized that the First Amendment also protects the right to do so anonymously. Now, with law enforcement videotaping many protests and possibly using new technologies such as biometric imaging, it is reasonable to seek to engage in constitutionally protected anonymous speech by wearing facial covering.\
D.C. Code § 22-3112.3(b) prohibits wearing anything to conceal your face and identity "only if the person was wearing the hood, mask, or other device:
(1) With the intent to deprive any person or class of persons of equal protection of the law or of equal privileges and immunities under the law, or for the purpose of preventing or hindering the constituted authorities of the United States or the District of Columbia equal protection of the law;
(2) With the intent by force or threat of force, to injure, intimidate, or interfere with any person because of his or her exercise of any right secured by federal or District of Columbia laws, or to intimidate any person or class of persons from exercising any right secured by federal or District of Columbia laws;
(3) With the intent to intimidate, threaten, abuse, or harass any other person;
(4) 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 that probability; or
(5) While engaged in conduct prohibited by civil or criminal law, with the intent of avoiding identification."
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by Partnership for Civil Justice
12:21pm Fri Jul 27 '01 (Modified on 1:53pm Fri J
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