Republican lawmakers in North Carolina are actively moving forward with their efforts to repeal a law that was put in place during the pandemic, which allowed people to wear masks in public for health reasons. This decision has been influenced, at least in part, by recent protests against the war in Gaza. These protests have seen masked demonstrators setting up camps on college campuses.
The Senate approved the legislation on Wednesday with a vote of 30-15, with party lines determining the outcome. Despite the efforts of state Senate Democrats to modify the bill, it passed as is. The bill aims to increase penalties for individuals who wear masks while engaging in criminal activities, including protesters who are arrested. However, there is still a possibility for amendments to be made to the bill as it returns to the House.
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Those who oppose the bill argue that it puts the health of individuals who wear masks for safety reasons at risk. However, supporters of the legislation argue that it is a necessary response to the protests, such as the ones that occurred at the University of North Carolina at Chapel Hill, which led to confrontations with the police and arrests.
Pro-Palestinian demonstrations in Raleigh and Durham have seen incidents of blocking roads or emergency vehicles, which the bill aims to address by imposing stricter penalties for such actions.
“It’s about time we put a halt to the madness, or at the very least, slow it down,” expressed Senator Buck Newton, a Republican from Wilson County, as he presented the bill on the Senate floor on Wednesday.
Most of the criticism of the bill focuses on its elimination of health and safety exemptions for wearing masks in public. During the initial stages of the COVID-19 pandemic, the health exemption was introduced with broad support from both parties.
According to a 2012 book by David Cunningham, a sociology professor at Washington University in St. Louis, the strikethrough would revert public masking rules to their original form before the pandemic. These rules were initially implemented in 1953 to tackle a different concern, namely, restricting Ku Klux Klan activity in North Carolina.
Ever since the pandemic hit, masks have sparked intense debate along party lines. This was no exception during the Senate discussion on whether wearing masks for health reasons should be considered illegal.
Democratic lawmakers expressed their concerns once again regarding the potential risks faced by immunocompromised individuals if the protections for those who choose to wear masks for their health are eliminated. According to legislative staff, wearing masks for health reasons would be considered a violation of the law.
Democratic Senator Natasha Marcus of Mecklenburg County expressed her concerns on the Senate floor, stating, “This bill has the potential to turn law-abiding citizens into criminals. It is a flawed legislation.”
Simone Hetherington, a person with a weakened immune system who shared her thoughts during Wednesday’s Senate Rules Committee, emphasized the importance of wearing masks as a means of safeguarding herself from illnesses. She expressed concern that the proposed law could potentially hinder her ability to practice this protective measure.
“We are living in a different era where I often face harassment for wearing a mask,” Hetherington expressed her concerns. “It is disheartening that a single individual can create such negativity.”
Republican legislators remain skeptical that individuals would face legal consequences for wearing masks due to health concerns. They emphasize that law enforcement and prosecutors would exercise discretion when deciding whether to charge someone. Newton clarifies that the bill specifically targets the criminalization of masks used to conceal one’s identity.
“I detect a hint of politics in the opposing party’s tactics, as they aim to instill fear among the public regarding a bill that primarily focuses on penalizing individuals who conceal their identity in order to engage in unlawful activities,” Newton expressed.
Senate Republicans utilized a procedural mechanism to block the proposed amendments put forth by three Senate Democrats. These amendments aimed to preserve the health exemption and prevent hate groups from wearing masks. Unfortunately, the amendments were not given the opportunity to be voted upon.
According to Newton, there is a possibility of future changes to the bill. However, he emphasized that the decision ultimately lies with the House. In a similar vein, Sen. Danny Britt, a Republican from Robeson County, expressed his anticipation for some adjustments during an earlier committee discussion.
