Partners Y. David Scharf and Hon. David Saxe Advocate for Anti-Masking Law in New York Law Journal

Morrison Cohen Chair and Co-Managing Partner Y. David Scharf and Partner Hon. David Saxe, a former Associate Justice in the New York Supreme Court Appellate Division, First Department, recently co-authored an article in New York Law Journal entitled “We Support Enactment of an Anti-Masking Law in New York.”

New York's mask ban, originally passed in 1845 and repealed during the COVID-19 pandemic, has been reintroduced by State Assemblyman Jeffrey Dinowitz for the 2025 legislative session. Anti-mask harassment policy is supported by major Jewish organizations (Anti-Defamation League, Jewish Community Relations Council, UJA Federation) and civil rights groups (NAACP New York Conference, National Urban League).

The anti-mask law would make it unlawful for a person to wear “a mask or other face covering that intentionally hides or conceals their face for the primary purpose of menacing or threatening violence against another person or placing another person or group of persons in reasonable fear for their physical safety.” It includes exceptions for situations such as holidays, certain occupations, weather protection and religious or health reasons. Nassau County has already enacted its own anti-masking law, making it a misdemeanor to wear a mask under certain conditions.

While acknowledging opposition from some civil liberties groups, Scharf and Saxe stressed, “Notably, this legislation will have no effect on peaceful protests. Indeed, it will have no effect on even masked users who are not targeting others with violence and intimidation. One will be able to wear a mask for lawful reasons – not however to hide one’s identity while committing another crime.”

Subscribers to New York Law Journal may read the article here.