As Lawmakers Consider Mask Bans at Protests, Public Expresses Concern

Many people expressed concern about possible legislation to ban masks at public protests during a Texas Senate State Affairs Committee hearing on Wednesday.

The hearing came under the direction of Lieutenant Governor Dan Patrick, who released a list of priorities he wanted Senate committees to study before the start of the 89th Legislative Session in January.

The indictment directs the commission to study the use of facial coverings “intended to conceal the identity of those who commit crimes at protests” and to recommend legislation to prevent the “chaos and destruction” brought by those who do so.

Keep up: Want a one-stop shop for Austin news? Sign up for KUT’s daily newsletter.

Lawmakers across the country have proposed these bans, citing masks as a reason for violent activity in protests against the Israel-Hamas war. North Carolina passed a mask ban earlier this year, and several states already have bans in place.

The committee called Ralph Ohland, a lieutenant in the criminal investigations division of the Texas Department of Public Safety, to testify on Wednesday. He said masks make it difficult for authorities to identify those who commit crimes such as assault or vandalism at protests. He also said that masks encourage protesters to engage in this activity. He said many of the more than 130 people arrested at pro-Palestinian protests in UT in April wore masks.

“A common theme among the criminal elements has become ‘no face, no case,’” Ohland said. “This shows us that there is a criminal understanding that covering your face drastically reduces the ability of authorities to identify and bring these people to justice.”

The committee also heard testimony from Hannah Meyers, director of policing and public safety for the Manhattan Institutewho said the mask ban could be an extra tool for authorities to catch criminals. Texas passed a similar mask ban in 1925 to combat Ku Klux Klan activities that she said had been successful. It was repealed in 1974.

“Like so many other laws that law enforcement reasonably use every day, this is just another such law,” Meyers said.

Members of the public who testified expressed concern for those who are disabled or immunocompromised and rely on masks for their health. Lindsey Carmichael Blackwell, a two-time Paralympic medalist and Texas native, said a mask ban would prevent people with complex health conditions from exercising their constitutional rights.

“We cannot participate or make our voices heard if we have to risk our health, our careers and our lives because of the mask ban,” she said. “That’s no choice at all.”

Danny Woodward, political attorney for the Texas Civil Rights Project, said the U.S. Supreme Court maintained the right to freedom of anonymous expression to protect individuals from retaliation for unpopular sentiments. He said a mask ban would impede that right for protesters in Texas.

Shaimaa Zayan, operations manager for the Texas chapter of the Council on American-Islamic Relations, testified that masks are also worn for religious reasons, especially by some Muslim women. Zayan also said that a mask ban would allow authorities to interfere with peaceful protests simply because individuals were wearing masks.

UT Austin senior Maggie DiSanza testified that masks are a tool for protesters to protect themselves from invasive surveillance techniques used by authorities to target and arrest peaceful protesters. DiSanza said a mask ban would lead to “selective and discriminatory enforcement” because it would be difficult to determine why a person is wearing a mask.

“Wearing masks is an important way to safeguard our right to speak out about issues that affect us all,” she said. “A mask ban is just another way to suppress people’s right to peacefully protest.”

The mask ban is not a priority for the Chamber. Bills can be presented from November 11th. The legislative session begins on January 14.