File #: Res 0525-2024    Version: * Name: Concealment of identity in a lawful or unlawful assembly or riot. (S.9867/A.10057)
Type: Resolution Status: Committee
Committee: Committee on Public Safety
On agenda: 8/15/2024
Enactment date: Law number:
Title: Resolution calling 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.
Sponsors: Inna Vernikov, Kalman Yeger , Vickie Paladino, Joann Ariola , Robert F. Holden, Kristy Marmorato, David M. Carr, Joseph C. Borelli, Eric Dinowitz
Council Member Sponsors: 9
Attachments: 1. Res. No. 525, 2. August 15, 2024 - Stated Meeting Agenda, 3. Hearing Transcript - Stated Meeting 8-15-24

Res. No. 525

 

Resolution calling 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.

 

By Council Members Vernikov, Yeger, Paladino, Ariola, Holden, Marmorato, Carr, Borelli and Dinowitz

 

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