Anti-mask laws

German football hooligans with masked faces in a 1990s match.
A map of countries with a burka ban. Map current as of 2018

Anti-mask or anti-masking laws refer to legislative or penal initiatives that seek to stop individuals from concealing their faces, who do so often to go unidentified during a crime.

North America

United States

There are anti-mask laws in many U.S. states and the District of Columbia.[1]

  • New York State's anti-mask law was enacted in 1845, to provide for public safety after disputes between landlords and tenants.[2]
  • Many anti-mask laws date back to the mid-20th century when states and municipalities, passed them to stop the violent activities of the Ku Klux Klan, whose members typically wore hoods of white linen to conceal their identities.[3][4]
  • In the 21st century those laws have been applied to political protesters such as those affiliated with the Occupy Movement or Anonymous – wearing Guy Fawkes masks.[5][6][7][8]
  • In some areas motorcyclists have been arrested using anti-masking laws.[9]

These laws have been challenged on the grounds that they violate the guarantees of the First Amendment to the United States Constitution to free speech and free association. Some courts have weighed freedom of speech against the public safety interest, and upheld such laws. For example, the Georgia Supreme Court found the law constitutional on the grounds that the wearing of the mask was an act of intimidation and a threat of violence, which is not protected speech.[10] That law has exceptions for holiday celebrations, theatre performances, and occupational safety; the ruling makes it unclear if someone is violating the law if they wear a mask without the intent to threaten violence. A three-judge panel of the United States Court of Appeals for the Second Circuit upheld a New York law on the ground that wearing a Ku Klux Klan mask did not convey a protected message beyond that conveyed by wearing a hood and robe.[2] Other courts have struck down anti-mask laws. For example, Tennesee and Florida state laws have been invalidated on the grounds that they were unconstitutionally broad.[10] An ordinance in Goshen, Indiana, was struck down based on First Amendment doctrine that specifically protects anonymous speech and anonymous association, especially for unpopular groups like the KKK.[2]

Canada

  • After several high-profile protests, the Canadian Parliament introduced Bill C-309, which bans the wearing of masks during a riot or other unlawful assembly.[11][12] The bill became law on June 19, 2013.[13] Those convicted of it face up to 10 years in prison.[14]
  • Canada's Criminal code, Section 351(2), also covers "Disguise with Intent", whereby "Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years". With some exceptions, an indictable offence in Canada is one that is subject to a fine of greater than $5,000 or imprisonment of more than six months.
  • in 2017 a Quebec ban on face covering for transition and government services became publicized.

Europe

Europe Burqa Bans. Map current as of 2018
  National ban – country bans women from wearing full-face veils in public
  Local ban – cities or regions ban full-face veils
  Partial ban – government bans full-face veils in some locations

Overview

The present table provides a non-exhaustive overview comparing legal restrictions of face coverings in European states. The 2010 French ban on face covering is widely regarded as the most strict, prohibiting face coverings in almost all situations in public places, as opposed to limited restrictions in countries such as Denmark that only outlaws such practices in the context of public assemblies such as demonstrations.

Legal restrictions on face covering in Europe
State Since Limitations (examples) Situations Exceptions Notes
Austria 2002, 2017 Burqas, niqabs, motorcycle full face helmets or face-covering scarves[15][16] Demonstrations, universities, public transportation or courthouses[15] Face covering for doing one's job[16]
Belgium 2011 Burqas, niqabs and other masks[17] In public (unspecified)[17] Upheld by the ECHR in 2017[17]
Bulgaria 2016 Burqas, niqabs or other face-covering veils[18] Government offices, schools, cultural institutions and places of public recreation[18] Exceptions are allowed for health or professional reasons[18] National ban was preceded by local bans in Bulgarian towns[18]
Denmark 2000 Hoods, masks, painting or the like or objects to cover one's face[19] Public assemblies[20] Masking to protect one's face against the weather[19] Does not apply in Greenland or the Faroe Islands[19]
France 2010 Burqas, niqābs, motorcycle full face helmets, balaclavas, hoods and other face-covering veils[21] Public places[21] Full face helmets worn on motorcycles[21] Upheld by the ECHR in 2014[21]
Germany 1985 Items suitable and intended to prevent identification[22] Open-air public assemblies or other open-air public events or on the way there[22] Competent authorities may provide exemptions if there is no threat to public safety or public order[22]
Italy 1975 Any mask or clothing that obstructs identification[23] In public (unspecified)[23] Exceptions are allowed for a "justified cause"[23] There are disagreements whether one's religion is a "justified cause"[23]
Netherlands 2018 Burqas, niqabs, motorcycle full face helmets, balaclavas[24][25] Public transport, in buildings and associated yards of educational, governmental and healthcare institutions[24] Face covering for doing one's job or sport, for health or security, in healthcare residences[24]
Latvia 2016 Hoods, masks, burqas, niqabs or objects to cover one's face Public places[26] Islamic face veil to be banned in Lativa
Norway 1995 Masks (unspecified)[27] Public events such as demonstrations, marches, meetings, stands or similar[27]
Spain 2013 Face-coverings (unspecified)[28] Public demonstrations[28]
Sweden 2005 Face-coverings (unspecified) that complicate identification[29] Public demonstrations where public order is or may be disturbed[29] Does not apply to religion-motivated face-coverings, or when demonstrators are authorised to cover their faces[29]

Austria

  • In Austria since 2002 masking ban on demonstrations under § 9 of the Assembly Law (Versammlungsgesetz). Violation of the ban need not be prosecuted if the mask does not threaten public order and security. Violation of the ban entails, according to § 19a.b of the Law, imprisonment up to six months, repeated offenses one year or a fine.
  • Parliament approved new legislation on 16 May 2017, which stipulates that people who wear clothing that covers their faces, such as burqas, niqabs, full face helmets or scarves (motorcyclists) etc. in places like universities, public transportation or courthouses will face fines of 150 euros (about $167). The measure took effect in October 2017.[15][16] Shortly after the enactment on 1 October 2017, there were some incidents in which people were incorrectly fined by the police, leading some commentators to point out flaws in the law, or incorrect understanding of it amongst the police.[16]

Belgium

A Belgian law adopted in June 2011 prohibits appearing in public "with a face masked or hidden, in whole or in part, in such a way as to be unidentifiable". Violations can result in fines and up to seven days in jail. On 11 July 2017 the ban in Belgium was upheld by the European Court of Human Rights (ECHR) after having been challenged by two Muslim women who claimed their rights had been infringed.[17]

Denmark

  • Wearing masks during assemblies in a public place is illegal in Denmark.[20] The Danish penal code (Straffeloven) § 134 b, which was inserted with effect from 3 June 2000, makes the violation punishable by a fine or up to six months imprisonment. Part 2 of § 134 b further criminalizes the possession of effects which must be viewed as intended to be used for masking in an assembly. The §134 b, part 3, exempts from penalty masking which is done to protect one's face against the weather.[19] The ban does not apply in Greenland or the Faroe Islands.[19]

France

  • The French ban on face covering is an act of parliament passed by the Senate of France on 14 September 2010, resulting in the ban on the wearing of face-covering headgear, including masks, helmets, balaclava, niqābs and other veils covering the face in public places, except under specified circumstances.

Germany

  • Since 1985, according to § 17a Abs. 2 Versammlungsgesetz you may not disguise your identity in public meetings such as demonstrations so the police are able to identify you. This violation can be fined with imprisonment up to one year.[22]

Italy

In Italy, a law issued in 1975 strictly forbids wearing of any attire that could hide the face of a person. Penalties (fines and imprisonment) are provided for such behaviour. The original purpose of the anti-mask law was to prevent crime or terrorism. The law allows for exemptions for a "justified cause", which has sometimes been interpreted by courts as including religious reasons for wearing a veil, but others –including local governments– disagree and claim religion is not a "justified cause" in this context.[23]

Latvia

In Latvia, a law issued in 2016 to ban niqab and burqa in entire country was passed by Latvian parliament.[30]

Netherlands

In the Netherlands, a first attempt towards a partial prohibition on face covering was made from 2012 to 2015, but the bill was struck down. A new attempt was made in the years after when a new bill was submitted on 27 November 2015. Eventually a limited anti-mask law was passed on 26 June 2018. The law is called Instelling van een gedeeltelijk verbod op het dragen van gezichtsbedekkende kleding in het onderwijs, het openbaar vervoer, overheidsgebouwen en de zorg (Wet gedeeltelijk verbod gezichtsbedekkende kleding) ("Introduction of a partial ban on the wearing of face-covering clothing in education, public transport, governmental buildings and healthcare (Partial Face-Covering Clothing Ban Act)"). It is illegal to wear clothing which covers the entire face, or covered up to the point where only the eyes are uncovered, or renders the face unrecognisable, on public transport and in buildings and associated yards of educational institutions, governmental institutions and healthcare institutions. Frequently cited examples are a full face helmet, a balaclava, a burqa or a niqāb. Clothes exempt from the Act are:

  • those worn by clients, patients or their visitors in residential parts of healthcare institutions;
  • those necessary for the protection of the body in relation to health or security;
  • those necessary in relation to the requirements made to the performance of a profession or sport.

On 26 June 2018, the bill was passed in the Dutch Senate.[25][31][24]

Norway

According to § 11, part 5 of the police statute (politiloven) from 1995, it is prohibited to be masked during an event taking place in public. Exempted from the prohibition are participants in theatre, masquerade or similar. In accordance with § 30 of the same law; violation is punishable by a fine or up to three months imprisonment.[27]

Russia

According to the Law № 54-ФЗ

  • it is prohibited to wear masks and any other means of hiding identity during public events;
  • the organiser of an event must require all the people taking part not to use any means of hiding identity.

Spain

According to the November 2013 Citizens' Security Law (Ley mordaza), demonstration protesters who cover their faces may be fined up to €30,000.[28]

Sweden

  • According to the 2005 'Law on the Prohibition of masking in some cases', it is prohibited for participants in the demonstration to fully or partially cover the face in a way that complicates identification. This prohibition applies only if there are disturbances of public order at demonstrations, or if there is an immediate danger of such disturbances. The ban does not apply to the covering of the face for religious reasons. It also does not apply to the extent participants are authorized (under 2 Ch. 7 a § Order Act) to fully or partially cover the face.[29]

Switzerland

  • In the cantons of Basel-Stadt (1990), Zurich (1995), Bern (1999), Lucerne (2004), Thurgau (2004), Solothurn (2006) and St. Gallen (2009), there are laws banning use of masks.

Ukraine

  • Several days after Berkut riot police clashed with Euromaidan protesters, Verkhovna Rada enacted law 721-VII banning wearing masks, helmets or camouflage clothing by people taking part in a gathering, assembly, demonstration, protest, rally or other mass event. Fines for violating are monetary up to about $400 or administrative arrest up to 15 days.[32] The law was repealed in January 2014.[33][34][35]

United Kingdom

  • During the 2011 United Kingdom anti-austerity protests one of the temporary policies discussed in the COBRA meeting was to ban the covering of the face during the riots. Generally only enforced in areas in a riot stage, none were arrested solely for wearing masks, only ordered to take them off. However, many arrested who committed other crimes, such as looting and attacking police officers, were charged with failing to adhere to the mask ban as well as all the other infringements when placed before the court.
  • For a century, covering or blacking one's face was a criminal act that could lead to the death penalty; the Black Act was repealed in 1823.

Asia-Pacific

Australia

  • It is legal by all rights to wear masks in public. Police, notably in Victoria, have petitioned the state and territory governments to make it illegal unless a person has a valid reason for why they are/should be allowed to wear a mask in public.[36]
  • Currently under NSW law any person requiring a Justice of The Peace or Lawyer to witness statutory declarations or affidavits will be required to remove all head covers, masks included.[37]
  • NSW police currently have the power to force a motorist to remove any head covering, masks included, for identification reasons.[38]

See also

References

  1. ↑ CND: State Codes Related To Wearing Masks
  2. 1 2 3 Drew, Kevin (Jan 23, 2004). "Justice not so clear-cut over laws directed at Klan". Retrieved 2018-07-13.
  3. ↑ "UNMASKING THE KLAN". Southern Poverty Law Center. 1999-09-15.
  4. ↑ "New York Penal Law – PEN § 240.35 | FindLaw". Findlaw. Retrieved 2017-01-30.
  5. ↑ Occupy's Halloween Party Might Break D.C.'s Anti-Mask Law Archived 2014-10-18 at the Wayback Machine.
  6. ↑ Coscarelli, Joe (September 20, 2011). "Old Anti-Mask Law Foils Wall Street Protestors". Daily Intelligencer. Retrieved 2018-07-13.
  7. ↑ https://www.aclu.org/free-speech/hi-oh-silver-aclu-challenges-michigan-anti-mask-law-behalf-lone-ranger-protesters With a 'Hi-Oh, Silver!' ACLU Challenges Michigan Anti-Mask Law on Behalf of "Lone Ranger" Protesters
  8. ↑ Simoni, Stephen J. (1992). ""Who Goes There?" -- Proposing a Model Anti-Mask Act". Fordham Law Review. 61 (1).
  9. ↑ "Bikers Arrested for Wearing Bandanas". Motorcycle Profiling Project. 2016-11-29. Retrieved 2016-11-30.
  10. 1 2 Applebome, Peter (1990-12-06). "Georgia Supreme Court Reinstates Ban on Wearing of Klan Masks". Retrieved 2018-07-13.
  11. ↑ Canadian Anti-Masking Bill Imminent
  12. ↑ Police chiefs back anti-mask bill
  13. ↑ Meagan Fitzpatrick, CBC News Wearing a mask at a riot is now a crime http://www.cbc.ca/news/politics/story/2013/06/19/pol-mask-bill-royal-assent.html
  14. ↑ Mask ban: Canada's veiled protesters face 10 years' jail
  15. 1 2 3 Dan Bilefsky and Victor Homola (17 May 2017). "Austrian Parliament Bans Full Facial Veils in Public". The New York Times. Retrieved 27 June 2018.
  16. 1 2 3 4 Rick Noack (9 October 2017). "Austria's new anti-burqa law isn't quite working as intended". The Washington Post. Retrieved 27 June 2018.
  17. 1 2 3 4 "Top Europe court upholds ban on full-face veil in Belgium". Al-Arabiyya English. 11 July 2017. Archived from the original on 13 July 2017. Retrieved 11 July 2017.
  18. 1 2 3 4 Angel Krasimirov (1 October 2016). "Bulgaria the latest European country to ban the burqa and niqab in public places". The Sydney Morning Herald. Retrieved 27 June 2018.
  19. 1 2 3 4 5 "LOV nr 440 af 31/05/2000 om ændring af straffeloven (Maskeringsforbud)". retsinformation.dk (in Danish). Civilstyrelsen. Retrieved 27 June 2018.
  20. 1 2 Name: * (2010-01-23). "Denmark: Police brutalise climate protesters | Green Left Weekly". Greenleft.org.au. Retrieved 2014-02-16.
  21. 1 2 3 4 Kim Willsher (1 July 2014). "France's burqa ban upheld by human rights court". The Guardian. Retrieved 27 June 2018.
  22. 1 2 3 4 "§ 17a VersG". dejure.org. Retrieved 2014-02-16.
  23. 1 2 3 4 5 "Police stop Muslim woman wearing veil in Italy". BBC News. 3 May 2010. Retrieved 27 June 2018.
  24. 1 2 3 4 "Gedeeltelijk verbod gezichtsbedekkende kleding" (in Dutch). Rijksoverheid. 26 June 2018. Retrieved 27 June 2018.
  25. 1 2 "Eerste Kamer stemt in met 'boerkaverbod'". nu.nl (in Dutch). 26 June 2018. Retrieved 26 June 2018.
  26. ↑ Independent.co.uk: Islamic muslime face veil niqab and burqas banned in Lativa
  27. 1 2 3 "LOV-1995-08-04-53, Lov om politiet (politiloven)". Lovdata. Government of Norway. Retrieved 27 June 2018.
  28. 1 2 3 "Spain's anti-protest bill criticized as anti-democratic". Reuters. Retrieved 2014-02-16.
  29. 1 2 3 4 "Lag (2005:900) om förbud mot maskering i vissa fall". Lagen.nu. 2006-01-01. Retrieved 2014-02-16.
  30. ↑ Independent.co.uk: Islamic face veil to be banned in Latvia despite being worn by just three women in entire country
  31. ↑ "Wet gedeeltelijk verbod gezichtsbedekkende kleding" (in Dutch). Dutch Senate. Retrieved 27 June 2018.
  32. ↑ "Ukrainian News – Parliament Bans Wearing Masks, Helmets, Camouflage Clothing At Mass Rallies". Un.ua. 2014-01-17. Retrieved 2014-02-16.
  33. ↑ "Верховная Рада отменила "скандальные" законы – В Украине". MIGnews.com.ua. 2014-01-28. Retrieved 2014-02-16.
  34. ↑ Kramer, Andrew E. (Jan 28, 2014). "Ukrainian Prime Minister Resigns as Parliament Repeals Restrictive Laws". New York Times. Retrieved 2018-07-13.
  35. ↑ Flanagan, Ed (2014-01-28). "Ukraine anti-protest laws repealed; PM resigns – World News". Worldnews.nbcnews.com. Retrieved 2014-02-16.
  36. ↑ "Wearing a mask while protesting may soon be illegal following violent brawl". 2016-04-04. Retrieved 2017-01-23.
  37. ↑ "Veils to be removed under identity law". 2012-03-04. Retrieved 2017-01-23.
  38. ↑ Corderoy, Amy. "Police given broad powers to remove facial coverings". The Sydney Morning Herald. Retrieved 2017-01-23.
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