NC Senate committee approves bill restricting masks

RALEIGH, N.C. (WNCN) – It could become illegal once again to wear a mask in public in North Carolina for health and safety reasons under a bill a state Senate committee advanced Tuesday.

The bill comes amid pro-Palestinian protests on college campuses and would eliminate an exception to the state’s ban on masks that’s been in place since the early days of the COVID-19 pandemic.

It also contains other provisions including increasing penalties for people who wear masks and could lead to people who block streets or highways more than once being charged with a felony.

State Sen. Buck Newton (R-Wilson) first introduced the bill last week and responded to criticism about removing the ability to wear masks for health reasons, especially for those who are immunocompromised.

“I think there are people out there trying to prey upon their fear about that. This was not a problem pre-COVID. We didn’t see granny getting arrested in the Walmart,” said Sen. Newton. “I trust people’s good commonsense. I trust law enforcement’s good commonsense.”

Newton says the purpose of the bill is to prevent people from concealing their identities while they commit crimes, including when protests turn violent.

State Sen. Sydney Batch (D-Wake) said the bill goes too far. She’s a cancer survivor and says she wore a mask for “much longer than I thought I needed to” during the COVID-19 pandemic.

“But, there are people that are walking around every single day that are immunocompromised every single day for the rest of their lives. It is meaningful to them. They could die,” she said.

Sen. Lisa Grafstein (D-Wake) also raised concerns about impacts on people with disabilities.

“I have been hearing, and I know a lot of folks have been hearing, from a lot of people who are deeply, deeply frightened by this,” she said.

The law does allow other exceptions for wearing a mask, such as Halloween costumes, masquerade balls, people who work in trades or occupations where a mask is needed for physical safety and gas masks for civil defense drills, exercises or emergencies.

The prohibition on masks came in response to the KKK. There’s still an exception in the law that would allow them to seek permission from a municipality to wear masks or hoods during a public event like a parade.

“So, this bill will protect the Ku Klux Klan to wear a mask in public, but someone who’s immunocompromised like myself can’t,” said Sen. Batch.

Kerwin Pittman, who has organized demonstrations in Raleigh for social justice causes, said he’s concerned the bill would have a chilling effect on people trying to exercise their First Amendment rights.

“With this bill passed, law enforcement will begin to stop Black and brown people in their communities who may be wearing masks for health concerns or safety concerns,” he said.

In response to questions about the bill, Newton noted the bill does not include a criminal penalty strictly for wearing a mask. But, Sen. Natasha Marcus (D-Mecklenburg) said it would still be illegal even as Newton tried to provide assurances that he didn’t think law enforcement officers would go after people just for wearing a mask. Marcus said the bill needs to be clearer.

Sen. Batch said she hoped to reach “a compromise” with Sen. Newton as the bill moves toward a vote in the full Senate. That could occur later this week.

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