Assemblyman Jeffrey Dinowitz (A.D. 81) has introduced a new bill (A.10057A) to curb identity concealment in lawful assemblies, unlawful assemblies, or riots. According to Dinowitz, the bill addresses a concern that individuals hide their identities during public gatherings, evading accountability for their actions. He said the proposed legislation specifies exemptions for wearing personal protective equipment during declared public health emergencies, and attire worn for religious observance or customs.

 

“Undoubtedly, people can be more apt to act irresponsibly when their conduct cannot be traced back to them,” the assemblyman said. “This is especially true during times of high volatility and civil unrest, where people are more predisposed to act in contempt when they feel their actions are unattributable to them. This legislation will minimize the likelihood of those individuals committing despicable acts.”

 

Dinowitz’s office said the bill draws upon legal precedent, including the United States Court of Appeals for the Second Circuit’s decision in Church of the American Knights of the KKK v. Kerik (2004). Officials from the assemblyman’s office said in this landmark case, the court upheld the constitutionality of statutes prohibiting individuals from concealing their identities in public gatherings.

 

Dinowitz emphasized that while the right to protest and express oneself freely is fundamental, it does not extend to the concealment of one’s identity. “Everyone has a right to protest and express themselves freely; it is one of the central tenets of our society,” Assemblyman Dinowitz affirmed. “But they do not have a right to conceal their identity while doing so.”

 

According to the assemblyman, the bill also addresses recent changes in public health mandates. In 2020, NYS Department of Health mandated wearing masks in public spaces to combat the spread of COVID-19. To avoid confusion, section 240.35(4) of the New York Penal Law, which previously prohibited individuals from being masked or disguised in public, was repealed. He said Bill A.10057A seeks to clarify and reinforce the prohibition on concealing one’s identity in public assemblies while also considering public health emergencies.

 

The assemblyman, who is Jewish, has been critical of those who have been protesting the Israeli-Hamas war in a non-peaceful way.   Dinowitz urged his colleagues to support the bill, emphasizing what he said was its importance in upholding public safety and accountability during public gatherings. “I call upon my fellow legislators to join me in supporting this crucial legislation,” he said. “By addressing the concealment of identity in public assemblies, we can ensure that individuals are held accountable for their actions and maintain the integrity of our democratic principles.”

 

To read some of our related coverage of this issue, which includes some opinion pieces, click here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here. here, here, here, here, here, here, here, here, and here.