Cass County (trfnews.i234.me) — A heated debate is brewing across North Dakota as lawmakers propose a bill that would make wearing a mask during public gatherings a criminal offense — unless it’s for a celebration.
The proposed law, championed by Representative Lawrence Klemin, targets individuals who wear masks, hoods, or face-coverings with the intent to conceal their identity while gathering with others in public spaces. This comes as a proposed expansion of the current North Dakota Century Code, which already bans face coverings during the commission of a crime.
Supporters argue the bill is necessary for public safety. Hannah E. Myers, a Fellow Director of Policing and Public Safety at the Manhattan Institute, claims, “Offenders also tend to behave worse when they are masked and emboldened when they are being unidentifiable… the added anonymity has been shown to increase irresponsible and violent behavior.”
However, not everyone is convinced.
“Making people criminals for wearing a mask is really, I think, offensive to the general public in whole,” said Mark Friese, Criminal Defense Attorney with Vogel Law Firm. “It’s not offensive if it’s done in circumstances where someone is doing it to intimidate, to commit a crime, but simply people gathering to make a point… is really not that dramatic. And to me it does not warrant criminal penalties.”
The bill does make exceptions for celebratory events, but not for those covering their faces for medical, religious, or weather-related reasons — a loophole critics say could open doors for selective enforcement and constitutional challenges.
Friese adds that proving intent behind a face covering will be extremely difficult. “If you say the intent here is to protect myself from the elements or to comply with my religion, it would be very difficult for the prosecution to prove you guilty of the offense.”
Several states already have similar laws, but with broader exemptions. The proposed North Dakota legislation, critics argue, leans too far into limiting individual freedoms under the guise of public safety.
Did you know?
Masks have become a hot-button issue since the Dakota Access Pipeline protests in 2017. The concern among some lawmakers is that individuals use masks to evade identification before committing acts of violence.
I’m Chris Harper reporting for TRF News