N.Y. repealed its decades-old ban on masks. Hochul wants to reinstate it.

And a COVID-era lawsuit from Republicans won't be heard by the state's top court.

Good afternoon — it’s Thursday, and Sewing Machine Day.

THURSDAY, JUNE 13, 2024

TODAY’S CAPCON:

• N.Y. criminalized masks in 1845 but repealed that in 2020. Read why Hochul wants to reinstate it. (Bonus: Hochul on N.Y.C. casino siting.)

• A lawsuit against a COVID-era quarantine rule won’t be heard by N.Y.’s highest court.

• Did Jill Stein and Robert F. Kennedy make the November ballot in New York?

• Thursday Reads

⛈️ Tonight’s Weather: Albany: Partly cloudy, high 60s. New York City: Mostly clear, low 70s. (National Weather Service)

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(New York Governor’s Office)

🤿 Will New York reinstate its ban on masks to combat crime in New York City?

😷 A very old law repealed during the pandemic previously banned people from wearing masks and hanging out without a reason.

Do you remember that period during the coronavirus pandemic when New York required masks to be worn in indoor, public places?

• A silver lining was how warm they kept my face in cold temperatures, but that’s different.

While some masks became common at the time, others became legal.

Before then it was a crime in New York to wear an “unusual or unnatural” mask in public that didn’t serve a purpose, punishable with up to 15 days in jail. 

• I’m assuming there was an exception for Halloween. 🎃

The full law criminalized being “disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised.”

• There was an exception for entertainment and, specifically, masquerade parties.

• Don’t believe me? Read the law.

The state Legislature repealed that law in the early days of COVID-19 to encourage people to wear face masks but also to prevent masked protesters from being arrested. 

Here’s what the bill memo said. It was sponsored by Sen. Jamaal BAILEY:

• “New York state's statute dates back to the 1845 rent riots. Since then, the law has been used to criminalize protest as well as to arrest New Yorkers ‘masquerading’ as a different gender.”

But Gov. Kathy HOCHUL said Thursday she wants to reinstitute the mask ban, claiming that criminals on New York City’s subway system use their anonymity under a mask to avoid being caught.

“We will not tolerate individuals using masks to evade responsibility for criminal or threatening behavior,” Hochul said. “My team is working on a solution but, on the subway, people should not be able to hide behind a mask to commit crimes.”

🗣️ Hochul has a plan on how to address that but it might not happen quickly.

She’s speaking with the Legislature about reinstating the law, though whether it will be that exact statute or something new is under discussion.

• Lawmakers would have to pass a bill to reinstate it. Hochul doesn’t have the power.

I asked Thursday if she wanted the Legislature to come back to Albany before the start of next year’s legislative session to pass something and she gave an interesting answer.