By: Abigail Streifel, Peak Associate
Content warning: brief mentions of genocide.
We’re still in a pandemic nearly five years after the first outbreak of COVID-19, but some places in the US and Canada are criminalizing the use of face masks in public. North Carolina has passed a law that restricts wearing masks, the governor of New York supports similar restrictions, and university campuses in California have enacted policies limiting masks. Here in Canada, people in Toronto have been arrested for wearing masks while protesting. Each of these restrictions seek to stop people from “concealing their identities.” The bans present multiple problems: the first is that they pose a risk to public health, and particularly the safety of disabled people. Second, they specifically target activists protesting against the genocide of Palestinians. Both of these issues are related to the right to keep our communities safe, which should not be questioned.
North Carolina’s law is restrictive despite including some exceptions, such as one which allows people to wear masks “for the purpose of preventing the spread of contagious disease.” That doesn’t account for the other reasons someone may mask to protect their health. Some people wear masks because of immunodeficiencies or other disabilities, not necessarily because they currently have an infectious disease. Note the use of “preventing the spread,” rather than “protecting yourself from infection.” The wording of the law puts people in a position where they aren’t technically allowed, even if they need to.
By limiting the number of situations where face masks can be worn, these laws cause disabled people to be viewed with suspicion. As the Disability Rights Education and Defense Fund notes, law enforcement would have to ask people invasive questions about their health in order to determine if they can wear a mask. People should not have to justify their decision to mask by divulging personal medical information. There is also little understanding around how a chronic condition may influence someone’s decision to mask, without them being labelled as immunocompromised. The restrictions make it less socially acceptable for anyone to wear a mask, but they especially endanger those who rely on masks to keep themselves safe.
The very premise of these restrictions is unjust: the decision to mask is a personal right that shouldn’t be challenged.
Suspicion towards people wearing masks is not only dangerous to disabled and immunocompromised people. The very premise of these restrictions is unjust: the decision to mask is a personal right that shouldn’t be challenged. Over the past year, university students have been peacefully protesting in solidarity with Palestine, urging their schools to divest from Israel and corporations that enable the genocide of Palestinians. Many of these protestors wear masks to protect their identities, in addition to wearing sunglasses. The risks of protesting are clear, as police have been responding to demonstrations by arresting and sometimes violently assaulting participants. Now, anti-mask laws are being used to further treat protestors like criminals. Protests have been cited as a reason for North Carolina’s bill, and the attorney general of Ohio told universities that activists could be prosecuted for masking.
It comes as no surprise that protestors would want to conceal their faces to protect themselves. On top of arrests and police brutality, there is the threat of doxxing. Remaining anonymous protects protestors from having their information leaked, which can jeopardize their safety and future professional opportunities. The risks are also high for students protesting on campus, who could face consequences from their universities. Wearing a mask is an important way for people to protect themselves while standing up for causes they believe in.
The vast majority of pro-Palestine protests at US campuses are not violent. According to Armed Conflict Location and Event Data, 97% of these protests between October 2023 and May 2024 have been peaceful. Still, the effort to criminalize protestors continues, and anti-mask laws are just another part of that. Cracking down on demonstrations for Palestinian liberation does not keep people safe; it’s done to silence dissent. By making it taboo or even illegal to mask, universities and states deter people from protesting.
Anyone should have the right to wear a mask. Masks keep disabled and immunocompromised people safe and allow them to participate in society. Without masks, existing in public becomes difficult or impossible for anyone with an immunodeficiency. The growing number of anti-mask laws targeting protestors are clearly an attempt to silence anyone fighting against genocide. These restrictions don’t protect anyone. They just make it harder for people to protest against the decisions of their governments and universities.
