DARE COUNTY, N.C. — It could be illegal to wear a mask in public for health reasons in North Carolina. A bill removing an exemption from a decades-old mask ban is moving through the General Assembly.
Supporters of the "Unmasking Mobs and Criminals" Act said it’s intended to target those who use masks to cause disruption or commit crime, not for people who wear masks for health reasons.
“We didn’t see Granny getting arrested in the Walmart pre-COVID,” State Sen. Buck Newton, R-Wilson County, said as he presented the bill last week in the state Senate Judiciary Committee.
Health
Hampton Roads hospitals recommending masks to protect against rising virus cases
But opponents aren’t convinced. They said House Bill 237 could be unconstitutional and could violate laws like the Americans with Disabilities Act.
“We've heard from people all over the state who are very concerned, if not terrified, about the implications that this will have on their ability to access the community if they're not no longer able to wear masks in public places, like on streets, buses, city buildings, county buildings, state-owned facilities,” said Tara Mueller, policy attorney with Disability Rights NC.
Other exemptions to the mask ban would remain in place under the proposed legislation, including for holiday costumes and job requirements.
The State Senate overwhelmingly passed House Bill 237 last Wednesday, even as some Democratic lawmakers urged their colleagues to keep the health exemption in place.
The state’s mask ban dates back to the 1950s in response to Ku Klux Klan activity.
During the COVID-19 pandemic, lawmakers passed an exemption “for the purpose of ensuring the physical health or safety of the wearer or others.”
Watch related story: Hampton Roads hospitals recommending masks to protect against rising virus cases
Supporters of the bill contend protesters and criminals are using that exemption to conceal their identities. They cite the recent protests at the University of North Carolina at Chapel Hill over the situation in Gaza. Those protests led to arrests.
The bill also adds criminal penalties for the blockage of roads or emergency vehicles during protests, which has occurred in Raleigh and Durham, according to the Associated Press.
“It’s about time that the craziness is put, at least slowed down, if not put to a stop,” Newton said on the Senate floor Wednesday.
Mueller is among those hoping changes can be made now that the bill is in the North Carolina House of Representatives.
“And there have been several suggested amendments that will do just that, that will satisfy the articulated goals of this bill without also risking the health and safety of those who choose to wear masks,” Mueller said.
Once a final version clears the Republican-dominated General Assembly, it would then go to Democratic Gov. Roy Cooper, who will then decide whether to sign or veto the bill.
