Philadelphia bans ski masks in some public spaces
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A guest wears a balaclava during Paris Fashion Week on March 4, 2022. Photo: Edward Berthelot/Getty Images
Legislation banning ski masks in some public spaces became law in Philadelphia on Thursday.
The big picture: The law is intended to help authorities identify crime suspects, but those opposed to the measure say it could target young people of color, violate freedom of expression rights and be misused by police to stop pedestrians.
Driving the news: The measure, which was approved by the city council last month, was codified without the signature – or veto – of Philadelphia Mayor Jim Kenney.
Details: The measure bans wearing ski masks, or balaclavas, in public schools, parks, recreation centers, daycares and city-owned buildings, as well as while riding public transit.
- Exceptions for religious expression and for those "lawfully engaged in First Amendment activities" are included in the law.
- A $250 fine will be issued for each violation, as well as a $2,000 fine for wearing a ski mask in the commission of a crime.
Zoom in: In a letter to the city council on Wednesday, Kenney said that while the bill is intended to limit crime, the "legislation raises several concerns that far outweigh its true potential as a solution."
- "Given the bill's reliance on intent, there is a high risk of selective enforcement against young people of color," Kenney wrote in the letter, shared with Axios by the mayor's office.
- Kenney added that the law is difficult to enforce, and would only encourage the intended targets to choose other types of facial coverings.
What they're saying: Council member Jamie Gauthier, who voted against the measure, said at the time, "I could not [in] good conscience vote for something that I feel criminalizes and marginalizes young Black men."
- Among the groups that have expressed opposition to the measure are the ACLU of Pennsylvania, the Juvenile Law Center, the mayor's Office of Black Male Engagement, and the Philadelphia Youth Commission.
- ACLU staff attorney Solomon Furious Worlds testified in opposition to the measure last month. He told Axios Thursday that "the ordinance adds another target on the backs of Black and brown people and won't reduce crime."
- Rather, he said, police will "be able to use this as a pretext to stop people and then to harass them."
Background: The bill was introduced by council member Anthony Phillips after several violent crimes in the city were committed by people wearing ski masks.
- The bill cites five shootings between June 2021 and July 2023 where some of the suspects used "a ski mask to conceal their identity impeded law enforcement's ability to identify and apprehend the individual."
"When crimes are committed with masks, it is often times impossible to identify the suspects," council member Anthony Phillips, who introduced the bill, told Axios in a statement Thursday. "Investments in technology and cameras have been stymied by these masks."
- He said the ban "sends the signal that we are serious about civility" and the ultimate goal is "to create a city where neither a mask ban or ski masks are necessary."
Of note: The Atlanta City Council is considering a similar prohibition on the wearing of ski masks in public locations.
Editor's note: This story has been updated with additional comment.
