Governor Hochul considers banning face masks on NYC subways, citing anti-Semitic acts

ALBANY, NY – Gov. Kathy Hochul said Thursday she is considering a ban on face masks on the New York City subway system due to concerns about people protecting their identities while committing anti-Semitic acts.

Hochul, a Democrat, told reporters that the exact details of the policy were unclear but that it would contain “common sense exemptions” for health, cultural or religious reasons. Many people concerned about COVID-19 and air pollution routinely wear masks on the subway. .

Hochul said he was talking to lawmakers about the possibility of drafting a bill.

At a news conference in Albany, the governor said she was moved to act after “a group wearing masks took control of a subway car, frightening passengers and chanting things about Hitler and exterminating the Jews” on Monday night. .

It was not clear exactly what incident she was referring to, but it could have been an amalgamation of different episodes related to the pro-Palestinian demonstrations that day in Union Square Park.

Hundreds of people leaving the rally invaded a subway station, some waving flags and playing drums, to board trains heading to the city center. On a train, a man not wearing a mask led a small group in shouting “Raise your hands if you are a Zionist” to other passengers, followed by: “This is your chance to get out.”

Meanwhile, a video circulating on social media showed a confrontation that allegedly took place earlier in the day, when a man in Union Square – who was also not wearing a mask – was recorded shouting: “I wish Hitler was still here. He would have finished you all off.

It was unclear whether he was involved in the protest or who he was yelling at. A group of people waving Israeli flags were also in the park at the time.

“We will not tolerate individuals who wear masks to evade responsibility for criminal or threatening behavior,” Hochul said. “My team is working on a solution, but on the subway, people shouldn’t be able to hide behind a mask to commit crimes.”

New York passed a law banning masks in public in the 1800s in response to anti-rent protests. It was suspended in 2020 by the then governor. Andrew Cuomo as part of a pandemic public health campaign, and masks also became mandatory for subway riders until September 2022.

The mask ban had already drawn criticism from civil rights groups who argued that the ban was applied selectively to disperse protests where people wanted to hide their identities to avoid legal or professional repercussions.

“The Governor’s concerns about masks disguising criminal activity will not be alleviated by a ban on anonymous peaceful protests. Mask bans were originally developed to suppress political protests, and like other laws that criminalize people, they will be selectively enforced – used to arrest, doxx, surveil, and silence people of color and protesters with whom police disagree,” Donna Lieberman, Executive Director of the New York Civil Liberties Union said in a statement.

“The mask ban would be easily violated by bad actors, and if someone engaged in illegal actions, judgment should be made based on criminal behavior and not their attire,” she said.

Hochul acknowledged that reinstating the ban would be complicated.

“We understand how complex this issue is and we are just listening to people, addressing their needs and taking them very seriously,” she said.

Since the war between Hamas and Israel began in October, there have been hundreds of demonstrations by pro-Palestinian activists in the city, the overwhelming majority of them peaceful. Mask use by attendees is common, in part due to fear of police surveillance.

Mayor Eric Adams has also talked about reviving some version of previous mask bans and once suggested that store owners tell people they must take them off to enter.

The use of face coverings in public has declined since COVID-19 deaths have declined, but many still wear them.

“There are people at high risk of severe illness from a respiratory infection who may wear masks in crowded environments, such as the subway, to decrease the chance of acquiring an infection,” said Amesh Adalja, a senior fellow at the Johns Hopkins Center. for Health Security, he said via email.