It is illegal to congregate in public with two or more people while they’re wearing masks or using anything to cover their face and disguise their identity. The law, which has existed since 1845, is outlined in New York Penal Law 240.35(4). However, exceptions are made for instances such as Halloween and masquerades.
The spread of the coronavirus throughout the nation is turning some old laws into new ridiculousness. One of the hardest-hit areas in the US is New York, which has nearly 30% of the nation’s total cases. This has led to lockdown orders and spread deterrent efforts more severe than seen elsewhere in the country.
One of the new mandates handed down by Governor Andrew Cuomo is a mask requirement when in public.
Effective at 8 p.m. on Friday, April 17, 2020 any individual who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance.
Sounds good and necessary, but as appellate public defender Sam Feldman points out on Twitter, this executive order conflicts with a law that’s been around since the middle of the 19th century. That’s going to be a problem.
Feldman says the new order does not suspend Penal Law § 240.35(4), which has been in existence since 1845. People trying to follow the executive order may find themselves engaging in criminal behavior. Here’s Feldman:
As of 8pm tonight, wearing a mask in public places around other people who are also wearing masks is both forbidden and required by New York law. I’m sure the police will enforce these contradictory mandates in a completely rational & nondiscriminatory fashion.
Here’s the law that’s still on the books while the governor is mandating mask-wearing:
Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place; except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities…
As of 8pm tonight, wearing a mask in public places around other people who are also wearing masks is both forbidden and required by New York law. I'm sure the police will enforce these contradictory mandates in a completely rational & nondiscriminatory fashion.
— Sam Feldman 🌹 (@srfeld) April 17, 2020
Liberals in New York didn’t mind that their laws are being broken, they even attacked other New Yorkers for not wearing a mask.
In Staten Island, New York someone came to a grocery store without a mask. They were shamed by other patrons and driven out.
In Staten Island, New York someone came to a grocery store without a mask. They were shamed by other patrons and driven out..This is disgusting behaviour, but it doesn’t surprise me in NY..
— TheSpeaker2018 (@TheSpeaker2018) May 25, 2020
There was a time in recent history when minorities were beaten to death for not wearing a Star on their sleeve. History repeats because human nature doesn’t change.
This is why we choose option C and that is the Bill of Rights. The 2A protects us from those who can’t seem to read the 1A (which should be damn easy to understand) and try to take our Freedoms away.