Gov. Hochul is pushing a last-minute mask ban in state budget talks - Gothamist

Mar 22, 2025

Published Mar 19, 2025

Modified Mar 19, 2025

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Published Mar 19, 2025

Modified Mar 19, 2025

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Gov. Kathy Hochul is reviving her push to restrict the wearing of masks in public, urging lawmakers in state budget talks to bring back some form of a previous ban, Gothamist has learned.

The Democratic governor told members of the state Assembly and Senate this week that some form of partial ban on public face coverings to improve public safety is among her top policy priorities, according to four lawmakers. The governor didn’t include masking restrictions in her formal budget proposal and hasn’t put forth details on what she wants, the lawmakers said.

After this story was published Wednesday, Hochul acknowledged the ongoing talks with lawmakers on the issue. She said she supports mask restrictions with exceptions for religious and medical use.

“We're having conversations,” she said. “We'll see how it goes.”

The governor first expressed support for restrictions on public masking last summer after images of masked demonstrators protesting Israel’s war in Gaza on a subway train circulated on social media sites.

She reiterated those concerns Wednesday, telling reporters she finds it “deeply troubling” that some people use masks to conceal their face while committing a crime.

“Think about a bank robber — walks in, their face is covered,” Hochul said. “Someone assaults someone on the subway, they can get away with it, despite the fact that we have cameras, because they are masked.”

By pushing to include mask restrictions as part of the $252 billion state budget that is due by April 1, the governor is raising an issue that is controversial within her own party.

Last year, many pro-Palestinian demonstrators donned masks, citing a fear that they could be doxxed for expressing their views. The Trump administration has threatened to crack down on student protesters, especially those who are not U.S. citizens. U.S. Immigration and Customs Enforcement officers earlier this month arrested Mahmoud Khalil, a recent Columbia University graduate and spokesperson for last year’s campus protests against Israel’s war in Gaza. Officials at first said they had revoked Khalil’s student visa and planned to deport Khalil, who is a permanent resident. They then said they had orders to revoke his green card.

The Department of Homeland Security said Khalil “led activities aligned to Hamas, a designated terrorist organization,” but the government has not charged him with a crime. A lawsuit challenging Khalil’s detention is pending.

New York state did have a law on the books for more than a century that allowed police to bring charges if someone was “masked or in any manner disguised by unusual or unnatural attire or facial alteration” and that person loitered or congregated in a public space with other masked people.

But the law was suspended during the COVID-19 pandemic as officials encouraged the use of face coverings to prevent the spread of respiratory viruses. The state Legislature and then-Gov. Andrew Cuomo repealed the anti-mask law in 2020 amid the civil unrest that followed the murder of George Floyd.

Assemblymember Emily Gallagher, a Democrat from Brooklyn, said a mask ban could endanger public health and lead to discriminatory enforcement. She said Khalil’s arrest heightened her concerns.

“People wear masks for so many reasons – maybe they have underlying health conditions and don’t want to catch COVID or other diseases in the subway,” she said. “Maybe they are protesting a genocide and don’t want an increasingly fascist administration to be able to track their participation.”

State Sen. James Skoufis has introduced legislation to prohibit wearing a mask for the purpose of menacing or threatening violence against another person or group. He said it was possible to craft masking restrictions that allow exceptions for public health and free speech.

“Whether it’s in the budget or not, I think it’s long past due that we have this conversation,” he said. “There needs to be an intent to harass or menace. If you’re not doing that, wear as many masks as you want.”

Critics like the New York Civil Liberties Union say a person's intent is not always apparent. The group opposes restrictions on public masking and says people should have a right to protest anonymously.

Hochul raised the issue as budget negotiations with leaders of the state Senate and Assembly began in earnest. The governor generally has more leverage over budget bills than other legislation. Hochul and the Legislature already disagree on a number of fiscal and nonfiscal issues, including whether to prohibit students from using cellphones during the school day.

Update: This story has been updated with comments from Gov. Kathy Hochul.

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Jimmy Vielkind covers how state government and politics affect people throughout New York. He has covered Albany since 2008, most recently as a reporter for The Wall Street Journal. Jimmy led a team of reporters that won a New York Press Club award for coverage of Andrew Cuomo’s downfall and was on a team that won a Gerald Loeb Award for coverage of Amazon’s HQ2 process. A native of the Capitol Region, Jimmy has two degrees in urban planning. His position is funded by a grant from the Corporation for Public Broadcasting. Reach Jimmy at [email protected].

Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal 518-210-7087.

Gothamist is funded by sponsors and member donations

Gothamist is funded by sponsors and member donations

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