Texas bill would criminalize wearing masks at protests
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Texas lawmakers are are looking to ban the use of face masks during protests.
Why it matters: Authorities at the local and national levels have cracked down on protests over the past year, from mass arrests at student encampments last April to Houston officials pushing to restrict demonstrations outside private homes.
State of play: Senate Bill 2876 would increase the criminal penalty for participating in a riot while wearing a mask or other face covering.
- The bill states that it would be a misdemeanor crime if a person were masked with the intent to conceal their identity during a riot.
Between the lines: Demonstrators in politically charged protests say they're frequently labeled as rioters even when gatherings remain peaceful.
What they're saying: Bill sponsor Sen. Bryan Hughes (R-Mineola) wrote in a description of the bill that the use of face coverings "during incidents of disorderly conduct" has become increasingly common and believes that protesters "wear masks with the specific intent to cause harm and chaos while avoiding accountability."
- "Face coverings present a major obstacle to law enforcement, making it difficult to identify suspects in large crowds," he added.
Flashback: Protesters began wearing masks more frequently during the 2020 uprisings following George Floyd's murder, both as a public health measure during the pandemic and as a shield against retaliation.
- Today, demonstrators still wear masks for public health reasons but also to protect against surveillance, doxxing, and long-term consequences — concerns that remain acute for students and immigrants.
The latest: The bill passed unanimously in a committee last week and could soon head to the Senate floor.
- This week, the bill was placed on the local and uncontested calendar — typically reserved for legislation with broad support — which suggests it's likely to pass the Senate.
The other side: It seems "impossible to prove" intent when someone wears a mask at a protest, Brian Klosterboer, senior staff attorney at the ACLU of Texas, tells Axios. He calls the bill vague and says it would be "based entirely on speculation."
- It would be hard to tell if someone was masking to conceal their identity, protecting themself from COVID, or just wearing a motorcycle helmet for safety near a rally, Klosterboer adds.
- He says the bill is "unnecessary," noting that under existing Texas law, police can already demand identification from anyone causing damage or destruction.
"There's no real reason for this increased penalty just for wearing a mask. People wear masks for all different reasons, including the police. We've seen videos recently of ICE agents, they often wear masks," Klosterboer said.
- "It's not just people who are engaging in protests, but often law enforcement themselves."
The big picture: Protesters, particularly those showing support for Palestinians, are facing heightened risk — including arrests, deportation threats and student visa cancellations.
Zoom out: From New York to North Carolina, states have been increasing efforts to limit public mask wearing in response to protest movements.