Philadelphia votes to ban ski masks to decrease crime. Opponents worry it’ll unfairly target some

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Philadelphia’s City Council has recently passed legislation aimed at banning the wearing of ski masks, or balaclavas, in specific public areas. This move is being hailed by supporters as a measure to enhance public safety, particularly in the face of elevated violent crime rates. However, opponents of the legislation argue that it may unfairly target individuals without any concrete evidence of wrongdoing.

The legislation was approved with a 13-2 vote and now awaits the review of Democratic Mayor Jim Kenney. A spokesperson for the Mayor has expressed readiness to work with the City Council on matters related to public safety.

Under this legislation, the wearing of ski masks in public spaces such as schools, recreation centers, parks, city-owned buildings, and public transportation would be prohibited. It defines the prohibited garment as a head covering that tightly fits over the entire head, with openings only for the eyes, nose, or mouth. Violating this law could result in a $250 fine, although exceptions are made for religious attire and protest-related activities.

The decision to implement such a ban comes against the backdrop of increased violent crime in Philadelphia, which recorded a record number of homicides in 2021, primarily involving firearms. Although the number decreased slightly to 516 in 2022, it remained higher than pre-pandemic levels. Advocates suggest that further reductions are expected in the current year.

Notably, other major cities across the nation experienced spikes in crime during the pandemic due to disruptions in social supports, although these rates have begun to return to pre-pandemic levels.

Philadelphia’s stance contrasts with that of New York City, which, during the COVID-19 pandemic, relaxed a law that previously prohibited mask-wearing. In 2020, New York City repealed a century-old law that banned face coverings in public, allowing masks to be worn during the pandemic. Supporters of this repeal argued that the former law had exposed men of color to police harassment and was used against protesters during demonstrations.

While crime rates in Philadelphia have decreased, concerns about theft have prompted Mayor Eric Adams of New York City to suggest that storeowners should deny entry to anyone wearing a mask unless it is lowered for identification by store cameras.

Philadelphia’s ban on ski masks is based on observations of increased mask-wearing during the initial stages of the pandemic in 2020, coinciding with a rise in individuals sought by the Philadelphia police. Supporters contend that ski masks obscure individuals’ identities, making it more challenging for law enforcement to identify them. However, critics, including some progressive members of the City Council and the ACLU of Pennsylvania, argue that there is no concrete evidence to support the notion that ski masks cause or encourage criminal behavior.

Solomon Furious Worlds, an attorney for the ACLU, has voiced concerns about granting police the authority to stop civilians without suspicion of unlawful activity, deeming it unconstitutional.

This ban is part of a broader challenge that Democrats are grappling with: striking a balance between holding police accountable in the aftermath of protests against police brutality while addressing community safety concerns. Mayor-elect Cherelle Parker, who ran on a tough-on-crime platform, has pledged to deploy more officers within communities. However, her approach of allowing officers to use “reasonable suspicion” for stops has drawn criticism for its perceived similarities to the controversial stop-and-frisk tactic. Recently, she appointed Kevin Bethel, a longtime police official, as her police commissioner, emphasizing his experience in restoring order while holding law enforcement accountable.

Frequently Asked Questions (FAQs) about Ski Mask Ban

More about Ski Mask Ban

• Philadelphia City Council Passes Ski Mask Ban
• Violent Crime Statistics in Philadelphia
• New York City’s Mask-Wearing Regulations
• ACLU of Pennsylvania Statement on Ski Mask Ban
• Cherelle Parker’s Approach to Community Safety