Res 0525-2024

Whereas, Maintaining public order and ensuring accountability during assemblies and protests is essential in safeguarding individual rights and providing for public safety; and Whereas, The right to assemble and protest are essential to a democratic society, allowing individuals to express their views and advocate for change; and Whereas, However, the concealment of individual identity during protests and assemblies, especially through the use of masks or disguises can escalate unlawful behavior and hinder law enforcement efforts to provide a safe environment for all; and Whereas, In response to the COVID-19 pandemic, the Department of Health mandated the wearing of masks in public spaces in 2020, leading to the repeal of � 240.35(4) of the Penal Law which prohibited individuals from being masked or disguised in public; and Whereas, According to various reports, people are more inclined to behave irresponsibly when their actions cannot be traced back to them, especially in times of high tension and civil unrest; and Whereas, The five District Attorneys' offices of New York City have indicated the wearing of masks and other face coverings at demonstrations have complicated or obstructed the prosecution of people acting unlawfully because their identities were obscured; and Whereas, S.9867/A.10057 sponsored by New York State Senator James Skoufis and New York State Assemblymember Jeffrey Dinowitz seeks to reinstate and amend provisions related to the prohibition of masks and disguises in public gatherings, ensuring that individuals cannot hide their identities while engaging in unlawful behavior; and Whereas, The proposed State legislation includes provisions to safeguard health-related exemptions; and Whereas, S.9867/A.10057 would support efforts to prevent the escalation of unlawful conduct during assemblies and enhance the ability of law enforcement to maintain order while respecting constitutional rights; now, therefore, be it Resolved, That the Council of the City of New York calls on the New York State Legislature to pass and the Governor to sign, S.9867/A.10057, in relation to concealment of identity in a lawful or unlawful assembly or riot. CMB LS#17386 7/30/24