In a sharp flip from the totalitarian COVID era, New York Gov. Kathy Hochul is considering banning face masks in the New York City subway system.

The Democrat governor cites people shielding their identities while committing antisemitic acts.

Gov. Hochul considering banning people from wearing masks on NYC subways https://t.co/5HiSnb3OnE

— Gothamist (@Gothamist) June 13, 2024

According to the New York Post, Hochul is working with legislators to reinstate an anti-masking law repealed during COVID-19.

Gov. Hochul, Mayor Adams consider cracking down on masks on NYC subways https://t.co/POUPOFLXmv

— New York Daily News (@NYDailyNews) June 14, 2024

From the New York Post:

Hochul said any masked policy would include reasonable carve-outs for health concerns, cultural events, religious reasons and Halloween. She drew a distinction between wearing an N95 mask for health reasons and donning a full-face covering to hide one’s identity.

Banning masks at protests entirely carried freedom of speech complications, but she said protesters’ criminal and threatening behavior is a “different ballgame.”

“You certainly have to say there are major exemptions,” she said.

The governor didn’t lay out a timeline or say she would ask lawmakers to come back to Albany – a necessary step to reversing the ban on masks at protests, given that the legislative session ended last week and won’t reopen till next year.

“My team is working on a solution, but on a subway, people should not be able to hide behind a mask to commit crimes,” Hochul said, according to Insider Paper.

JUST IN – Gov. Hochul considering banning people from wearing masks on NYC subways: "My team is working on a solution, but on a subway, people should not be able to hide behind a mask to commit crimes.” pic.twitter.com/bR1aHBE3O9

— Insider Paper (@TheInsiderPaper) June 13, 2024

Per the Associated Press:

New York passed a law banning face masks in public in the 1800s as a response to protests over rent. It was suspended in 2020 by then-Gov. Andrew Cuomo as part of a pandemic public health campaign, and masks were also made mandatory for subway riders until September 2022.

The mask ban previously had drawn criticism from civil rights groups that argued it was selectively enforced to break up protests where people wanted to hide their identities to avoid legal or professional repercussions.

“The Governor’s concerns about masks disguising criminal activity won’t be quelled by banning anonymous peaceful protest. Mask bans were originally developed to squash political protests and, like other laws that criminalize people, they will be selectively enforced — used to arrest, doxx, surveil, and silence people of color and protestors the police disagree with,” Donna Lieberman, executive director of the New York Civil Liberties Union, said in a statement.

“A mask ban would be easily violated by bad actors and, if someone’s engages in unlawful actions, the judgement should be made based on the criminal behavior, not their attire,” she said.