Bill Amendment Would Outlaw Wearing Facial Coverings While in a Group

FARGO, N.D. (KVRR) — Masks have become a controversy since the Dakota Access Pipeline protests in 2017. The concern is that people may be trying to evade identification before committing acts of violence.

“Making people criminals for wearing a mask is really, I think, offensive to the general public in whole. 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 in covering up their identity or covering up their face to conceal their identity is really not that dramatic. And to me it does not warrant criminal penalties,” said Mark Friese, Criminal Defense Attorney with Vogel Law Firm.

North Dakota Century Code currently says wearing masks during commission of a crime is prohibited. But Representative Lawrence Klemin and others want to add language that says “With the intent to conceal the identity of the individual while congregating in a public place with other individuals wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.”

“Offenders also tend to behave worse when they are masked and emboldened when they are being unidentifiable. This is even more true for masked individuals acting in groups where the added anonymity has been shown to increase irresponsible and violent behavior. Masking also reduces overall civic strength and engagement because citizens can’t trust people whom they can’t identify,” said Hannah E. Myers, Fellow Director of Policing and Public Safety at Manhattan Institute.

Several other states have similar laws with exemptions for medical or celebration reasons. While the bill would include an exemption for celebrations, it does not include people who cover up for medical, weather, or religious purposes.

“In order to prove somebody guilty of this offense they would have to prove the face covering is worn with intent to conceal identity. If you say no the intent here is to protect myself from the elements or the intent here is to comply with my religion it would be very difficult for the prosecution to be able to prove you guilty of the offense,” said Friese.