NC protesters could face mask restrictions and stiffer penalties for blocking roads

RALEIGH, N.C. (WNCN) – Amid protests occurring on college campuses, new legislation unveiled on Tuesday would bring back restrictions on wearing masks in public.

The bill (click here to view), which is titled “Unmasking Mobs and Criminals,” would repeal an exemption created during the COVID-19 pandemic to allow people to wear masks for health and safety reasons.

“The pandemic has been over for a long time. And, we’ve had a lot of instances of people concerned about people hiding their identities,” said Sen. Buck Newton (R-Wilson). “This isn’t just about protests. I think it’s clear that people are seizing the opportunity to do things they’re not supposed to do, break the law, or to intimidate people.”

Newton presented the bill to the Senate Judiciary Committee Tuesday. The committee could vote to advance it next week.

It has several other provisions, including stiffer penalties for someone who wears a mask while committing another crime. If a person is found guilty of a misdemeanor or felony while wearing a mask to conceal their identity, then they would be considered guilty of a crime one class higher than the underlying crime for which they were convicted.

The bill also stiffens penalties for people blocking streets, making it a Class A1 misdemeanor the first time and then a Class H felony for subsequent offenses. A person who willfully obstructs an emergency vehicle would also be guilty of a Class A1 misdemeanor. Additionally, organizers of a protest could be held civilly and criminally liable if the obstruction of an emergency vehicle leads to someone’s injury or death.

“We want to preserve the right for people to protest under the First Amendment. But, people have to do so in an orderly way. We have reasonable time, place and manner restrictions,” said Newton. “The folks that want to express their frustration about a particular issue certainly have the right to do that. They do not have the right to risk people’s health and safety.”

Kerwin Pittman, founder and executive director of Recidivism Reduction Education Program Services, has organized demonstrations in Raleigh. He said he thinks the bill is an “overreaction.”

“People show up legitimately wearing masks to demonstrations for safety concerns. Let’s be honest. COVID is still out here. Individuals are still catching COVID,” he said, “People tend to show up how they feel comfortable in showing up. And, we know that the pandemic really brought out a lot of people’s safety concerns. And, so, I think it’s kind of a trend that has caught on.”

He’s concerned the bill would have a chilling effect on those trying to exercise their First Amendment rights.

“Sometimes demonstrations swell in numbers and you have no choice but to be in the street,” he said. “I think this is a maliciously intended bill to target individuals who are demonstrating.”

The Senate Judiciary Committee did not vote on the bill Tuesday but could act on it next week, Newton said.

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