New Yorkers are now required to cover their faces in public, but the governor's executive order overlooks a penal code that says wearing masks counts as loitering
- New Yorkers are required to cover their faces in public, when not practicing social distancing, per an executive order that took effect on April 17.
- But Gov. Andrew Cuomo's executive order overlooks Penal Law 240.35(4), which characterizes "unusual or unnatural ... facial alteration" as loitering.
- The statute makes it illegal to congregate in public places with others who have similar facial coverings, except at masquerades and entertainment events greenlit by the city.
- The law was introduced in 1845 because farmers were dressing up as Native Americans and donning masks before attacking the police in response to fluctuations in wheat prices, Slate reported.
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Last week, New York Gov. Andrew Cuomo signed an executive order making it mandatory for people to cover their faces in public, with masks or bandanas, when social distancing isn't possible.
But there's one small issue: Penal Law 240.35(4) defines wearing a mask as loitering and frowns on being "in any manner disguised by unusual or unnatural attire or facial alteration."
It also states that it is illegal to congregate in public places with others who have similar facial coverings that disguise or hide their identities.
The exception to this rule is at masquerades and entertainment events approved by the city.
The law has been around since 1845, Slate reported, when farmers responded to drops in wheat prices by dressing up as Native Americans and obscuring their faces before attacking policemen.
Sam Feldman, a public defender at Appellate Advocates, flagged the ironic nuance on Twitter.
Speaking at a press conference on April 15, Cuomo said, "If you are going to be in a situation, in public, where you come into contact with other people in a situation that is not socially distanced, you must have a mask or a cloth covering nose and mouth."
Enforcement is at the discretion of local jurisdictions, but doesn't involve fines or penalties, he said.
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