Philadelphia City Council takes step toward banning 'threatening' masks

The Associated Press

06.13.00

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Mike Morrill of Pennsylvania Consumer Action Network speaks at demonstration while another protester behind him holds large mask in Philadelphia yesterday. About 10 people wearing handkerchiefs and other masks over their faces stood outside City Hall to protest proposed ordinance to ban wearing of masks in the city, which they say seems aimed at demonstrations during Republican National Convention this summer.

(Editor's note: The Philadelphia City Council voted 11-5 in approving the anti-mask ordinance on June 22. Mayor John F. Street still must sign the legislation for it to take effect.)

PHILADELPHIA — While a handful of onlookers wore bandanas and blue and gold wrestler-style masks, a City Council committee gave initial approval yesterday to an ordinance that would ban the wearing of masks to intimidate or threaten.

Protesters say the proposed ordinance, which also would ban the wearing of masks to hide the identity of a person committing a crime, would violate First Amendment rights to free speech and expression. They say it is intended to give police wide discretion in making arrests during this summer's Republican National Convention.

"It is intended as a scare tactic, the city is trying to keep people from coming to the demonstrations," said Emily Nepon of the Philadelphia Direct Action Group, which is helping organize demonstrations before and during the GOP convention. "A mask is a part of political expression that the city is trying to suppress."

The ordinance, approved in committee by a vote of 4-3, is to be considered by City Council later this week and could be given final approval June 22 before council recesses for the summer — meaning it could be in effect in time for July 31-Aug. 3 convention.

Wearing a mask could result in a fine of $75 to $300.

The Philadelphia Police Department and the district attorney's office support the bill, saying it would give police an extra tool in helping manage the thousands of protesters expected to descend on Philadelphia before and during the convention.

"There was extensive property damage in Seattle and the tapes and footage show clearly that it was done by the people wearing the masks," Deputy Commissioner Robert Mitchell testified yesterday.

Similar ordinances have been enacted across the country to prohibit Ku Klux Klan hoods and other racial intimidation. In Detroit, the City Council adopted an emergency one-week mask ordinance during the recent Organization of American States meeting, though it was never used.

Mitchell said he hoped the law would discourage peaceful protesters from wearing masks, so police "could be more focused on the people with the masks."

But several council members expressed skepticism.

"I wonder, the more we try to limit, does it just give them an impetus to be more vocal and more violent? Are we just asking for more trouble than we need?" Councilman James Kenney asked Mitchell.

Mitchell emphasized that wearing a mask would not be grounds for arrest, saying that individuals would have to show an intent to harm another person or to do property damage. For example, "if you start to see them move on a news box as they did in Seattle and they try to lift it."

But Councilman Angel Ortiz worried about giving police such leeway to quell public expression.

"We don't want in the city that protest was born for protest to be curtailed," Ortiz said.

Mike Morrill, a lead organizer for this summer's Unity 2000 march, said he had never worn a mask before this month's demonstrations against the city's proposed mask ordinance. But, after yesterday's meeting he said that if the mask law is approved, "I'm going to wear one that whole week."