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Mask bans and proposed bans by state

By Justine Barron

This list includes most U.S. bans on masks and disguises at the federal and state level, including proposed bills. Most of these were passed during the mid-20th century to address the Ku Klux Klan (KKK), often alongside bans on burning crosses. 

This list does not include every one of the countless municipal bans on masks, only the ones that have made news. Typically, local ordinances can be found on city websites.

Read Justine’s analysis of the mask ban threat here. This list, like the story, was published on September 3, 2024. It was updated in October 2024.

Table of contents

Click on a state to jump to the information about that state.

Federal Government

Federal bill (proposed in May 2024) — to injure or intimidate

Called “Unmasking Antifa,” this bill reintroduces a bill that previously died in Congress in 2018. It would make it illegal to wear a “disguise, including while wearing a mask, to “injure, oppress, threaten, or intimidate” another person. 

Sentence: Up to 15 years. 

The bill also criminalizes destroying buildings or property in disguise.

Sentence: Up to two years.

Alabama

Current law (enacted in 1949) — general ban in public space 

This is part of a law against loitering; the law makes it illegal for someone to be “masked, loiter, remain, or congregate in a public place, with exemptions for masquerade parties, public parades, and theater characterizations.

Sentence: Up to three months in jail or $500.

COVID-era: Authorities urged to disregard the law by the Attorney General, apply ”common sense.”

Note: The law was enforced during demonstrations in 2017-2018.

Alaska

No known state laws or bills.

Arizona

Current law (enacted in 2018) — in commission of a crime

This law enhances penalties if a “mask or other disguise” is worn “during or immediately following the commission” of a felony crime, amending previous guidelines from 2007.

Note: These enhanced penalties were passed after state Republicans failed to pass two bills in 2017 to heighten penalties for people wearing masks during an “unlawful assembly or a riot.”

Arkansas

No known state laws or bills.

California

Current law (enacted in 1873) — in commission of a crime

This law makes it illegal to wear a “mask, false whiskers, or any personal disguise (whether complete or partial)” when “evading or escaping discovery, recognition, or identification in the commission of any public offense” or to conceal when charged, arrested, or convicted of a crime. 

Sentence (misdemeanor): Up to 180 days in jail.

Colorado

No known state laws or bills.

Connecticut

Current law (enacted in 1949, with later additions) — while depriving another of their rights

This law makes it illegal to wear a mask “with the intent” to deprive another of “any rights, privileges or immunities” on account of race, sex, gender identity, disability, etc. 

Sentence (class D felony): One to five years in prison and up to $5,000. 

Delaware

Current law 1 (enacted in 1953) — while congregating in public and depriving another of rights

Part of a disorderly conduct law, this provision makes it illegal to wear masks or face coverings “while congregating with other persons in a public place”  and depriving others of “any rights, privileges, or immunities.”

Sentence (unclassified misdemeanor): Up to 30 days in prison and $575.

Current law 2 (amended in 1996) — while in commission of a felony

This law makes it illegal to wear a mask “or other disguise during the commission of any felony.” Guilty even if lesser crime. Can be guilty even if the person is found guilty of a lower charge than the original felony. 

Sentence (class E felony): Up to one year in prison and $3,000.

District of Columbia

Current law (enacted in 2024) – while in commission of a crime

As part of a sweeping anti-crime law called “Secure D.C.,” this provision makes it illegal for anyone over 16 years of age to wear a mask or face covering “to avoid identification” while committing a dangerous or violent crime, theft, or “threats to do bodily harm.”

Note: D.C. had a pre-COVID law, enacted in 1983, which was similar. It was repealed in 2020.

Florida

Current laws A (enacted 1951, sections 13-15) — general mask bans 

These laws make it illegal for anyone over 16 years of age to wear a mask or face covering in public outdoors, in public buildings, and on someone else’s private property

Current law B — while intimidating others

This law makes it illegal to wear masks while “placing exhibit to intimidate” — another ban on masking that seems to relate to KKK actions. 

Current law C — while in commission of a crime

This law enhances sentencing, classifying a crime one degree higher if wearing a mask or face covering during commission of a crime.

Several local Florida ordinances are also shared on this website.

Georgia

Current law (enacted 1953) — general mask ban

This law makes it illegal to wear a mask or face covering over 16 years of age in public settings or on the private property of another. With exemptions for holidays, trade, theater, gas masks. 

Sentence: Up to a year in jail and/or $1,000.

Note: The KKK sued to overturn Georgia’s law in 1989. A lower court ruled in its favor, but the decision was overturned by the state Supreme Court. However, the court’s decision required that police prove an “intent” to hide one’s identity, which is a precedent that may play out when it comes to COVID-19. 

Atlanta City Council failed to pass a ski mask ban in December 2023. 

Hawaii

No known state laws or bills.

Idaho

No known state laws or bills.

Illinois

No current state laws.

Note: Failed bills in 2017-2018 to ban masks during protests. Failed 2017 bill to criminalize masking in order to conceal identity from police. 

Indiana

No current state laws.

Note: Failed bill in 2019 to increase penalties for commission of a “public order offense” crime while masking. Failed bill in 2021 to increase penalties for rioting while in a mask. 

The city of Goshen had a 1998 anti-mask ordinance that was successfully challenged in court by the KKK and overturned.

Iowa

No known state laws or bills.

Kansas

No current state laws.

Note: Bill in 2018 died in committee, which would have made it illegal to conceal one’s identity during a public demonstration.

Kentucky

Current law — Louisville/Jefferson County (enacted in 1983, with discussion of “reinforcing” in October 2024)

This law makes it illegal to wear a mask or face covering in a public place if 16 years and older, with exceptions for holidays, theater, trades, etc. but not health.

No current state laws.

Note: Failed bill in 2017 to make it a felony to mask at a public protest when committing a crime, even a misdemeanor. Failed bill in 2018 to prohibit face coverings (and weapons, shields, or armor) within 500 feet of a protest (with laws shielding liability for drivers who injure or kill protestors).

Louisiana

Current law (enacted in 1924) — general ban with medical and other exemptions

This law bans masks, face coverings, or facial disguises in public places, with exceptions for Mardi Gras and similar, Halloween, performances, religious coverings, helmets, and “medical purposes or reasons.” (Exemptions don’t apply to sex offenders.)

Sentence: From six months to three years in prison.

Maine

No known state laws or bills.

Maryland

No known state laws or bills.

Massachusetts

Current law — while obstructing police

This law is often missed on lists of mask bans because it doesn’t mention masks. It does make it illegal to “disguise” with “intent to obstruct the due execution of the law, or to intimidate, hinder or interrupt an officer or other person in the lawful performance of his duty, or in the exercise of his rights under the constitution or laws of the commonwealth, whether such intent is effected or not.”

Sentence: Up to $500 and one year in prison.

Note: Failed bill in 2019 to criminalize an assembly of five or more people in masks or disguises, calling it a “riot or unlawful assembly” if they won’t disperse.

Michigan

Current law (enacted in 1931) — in commission of a crime 

This law makes it illegal to wear a mask or face covering “for the purpose of facilitating the commission of a crime.”

Sentence: Up to 93 days in prison and/or $500.

Minnesota

Current law (enacted in 1963, with exemptions in 1995) — general ban with medical and other exemptions

This law makes it illegal to conceal identity with a mask or disguise in a public place, with exemptions for religious beliefs, entertainment, protection from weather, or “medical treatment.” 

Sentence: Up to 90 days and/or $1,000

COVID-era: Governor Tim Walz (who is currently running for Vice President) passed an executive order mandating masks as part of a public health emergency. It was challenged in court in part based on the state’s existing mask law. A judge ruled that the law required an intent to disguise, which isn’t why people mask to protect themselves from COVID-19.

Mississippi

No known state laws or bills.

Missouri

No current state laws.

Note: Failed bill in 2017 to criminalize concealing identity during “unlawful assembly,” with exemptions for religion, safety, or medical needs.

Montana

No current state laws.

Note: Failed bill in 2017 to make it a felony to mask while committing an offense against public order (e.g. disorderly conduct, nuisance, etc.).

Nebraska

No known state laws or bills.

Nevada

No known state laws or bills.

New Hampshire

No known state laws or bills.

New Jersey

No known state laws or bills.

New Mexico

Current law (enacted in 1953) — while obstructing police

This law makes it illegal to conceal identity or disguise oneself “with the intent to obstruct the due execution of the law or with intent to intimidate, hinder or interrupt any public officer or any other person in a legal performance of his duty or the exercise of his rights under the laws of the United States or of this state.”

Sentence (petty misdemeanor): Up to six months in prison and/or $500.

New York

Current law — Nassau County (enacted in August 2024) — general ban with medical and other exemptions

This law makes it illegal to wear masks or facial coverings with “intent” to conceal identity, with exemptions for “health and safety of the wearer,” religion, and celebrations. Specific illegal provisions include congregating with other maskers (or “aiding” them), intending to interfere with a person’s rights, intending to harass or intimidate, and being engaged in “conduct that could reasonably lead to the institution of a civil or criminal proceeding.” 

Sentence: Up to $1,000 and/or one year in prison. 

No current state laws in New York but two anti-mask bills in the legislature:

Democratic state-level bill (introduced in May, twin bills in senate and assembly) — while protesting

This proposed law bans masks if “involved in a lawful assembly, unlawful assembly, or riot,” with exemptions for religious attire and “personal protective equipment” during a “declared public health emergency.” (There is no declared public health emergency now.) 

Republican state-level bill (introduced in May) — while protesting or helping protestors

This proposed law makes it illegal to mask or be “disguised by unusual or unnatural attire or facial alteration” while engaging in a protest or other public assembly with other masked or disguised people. It also would make it illegal to “knowingly permit or aid” such people. With a proposed sentence of up to 90 days in prison. 

The bill includes an additional crime of “aggravated deceptive wearing of a mask,” if property damage or injuries occur while in a public assembly, with exemptions for religious purposes and permitted celebrations.

Pre-COVID law (enacted in 1845): Part of a law against loitering, it was previously illegal in New York to be masked or disguised in a public place while congregating with others similarly disguised, with exemptions for masquerade parties, when granted government permission. The law was repealed by the state legislature in 2020. The pre-COVID law was used against Occupy Wall Street protestors in 2011 and even trans people who were considered to be “masquerading” in disguise.

Note: Governor Kathy Hochul and New York City Mayor Eric Adams have both made statements indicating their interest in banning masks — for Hochul, on subways (and not protests) and for Adams, in general. 

North Carolina

Current laws (enacted in June 2024, to take effect in October) — general ban with exemptions

Five state laws make it illegal to mask in various public and private settings, with the current law offering exemptions for holidays, theater, trades, motorcycles, and “any person wearing a medical or surgical device for the purpose of preventing the spread of contagious disease.” The law requires removal of a mask if ordered by law enforcement under any circumstances and by “owner or occupant” of a “public or private property.” 

Note: The pre-COVID law had a stronger medical exemption: “for the purpose of ensuring the physical health or safety of the wearer or others.” And it only permitted police to request mask removal at a traffic stop or when they believed a crime was taking place.

North Dakota

Current law (enacted in 2017) — while in commission of a crime 

This law makes it illegal to mask during a criminal offense with intent to intimidate, threaten, abuse, or harass any other individual; to evade discovery or identification; or for the purpose of concealment after being arrested, charged, or convicted. Applies to minor crimes too. 

Sentence (class A misdemeanor): Up to one year in prison and $3,000.

Ohio

Current law (enacted in 1953) — while in commission of a misdemeanor with others so masked

This law makes it illegal to “unite with two or more others to commit a misdemeanor while wearing white caps, masks, or other disguise.” The law is titled “Prohibition against conspiracy while wearing a disguise.”

Sentence (fourth degree felony): From six to 18 months in prison and up to $5,000.

Note: The Ohio Attorney General threatened to use the law in 2024 against college protestors. There was also a failed bill in 2019 to criminalize masking during protests.

Oklahoma

Current law A (enacted in 1923) — while in commission of a crime or to harass

This law makes it illegal to wear a mask or face covering “during the commission of a crime or for the purpose of coercion, intimidation or harassment” with exemptions for childhood pranks, masquerades, theater, and the like.

Current law B — while demanding admission to another’s property to harass, injure, etc.

Sentence (for laws A and B): From $50 to $500 and up to one year in prison.

Current law C — while committing assault with a dangerous weapon

Sentence (for law C, a felony): From $100 to $500 and 5 to 20 years in prison.

Oregon

No current state laws.

Note: Failed bill in 2020 (pre-COVID) to criminalize masking while in a riot or facilitating a riot. Portland police chief also called for a mask ban in 2019.

Pennsylvania

No current state laws.

Note: Philadelphia passed a ban on ski masks in 2024.

Rhode Island

No current state laws.

Note: Failed bill in 2020 (pre-COVID) to criminalize masking during protests or with intent to threaten.

South Carolina

Current law (enacted in 1951) — general ban with exemptions

This law makes it illegal for anyone over 16 to wear a mask or face coverings in a public space or while demanding entrance to a private space, with exemptions for holiday, trade, theater, gas mask.

Sentence: Up to $500 and one year in prison.  

Note: Failed attempts to amend the state law in 2022-2023 allowing for a health exemption but only during a “lawfully declared” public emergency.

South Dakota

No known state laws or bills.

Tennessee

Current law (enacted in 1868) — while intimidating others from exercising rights

As part of a law against harassment, intimidation, and injury of people by groups based on race, religion, and background, this law makes it illegal to wear a mask while committing “the offense of intimidating others from exercising civil rights.”

Sentence (class A misdemeanor): Up to a year in prison and/or $2,500.

Knoxville city ordinance: This law makes it illegal to wear a mask or disguise in a public place or on someone else’s property either: to commit a public offense; intimidate, threaten, abuse, or harass another person; where it is “probable” that a “reasonable” person will fear for their safety; to evade identification during or after committing a crime; to obstruct police. 

Note: Failed bill in January 2020 for masking during protest.

Texas

No current state laws.

Note: Past mask ban from 1925 was repealed in 1974.

Note: In October 2024, the Texas State Senate held a committee hearing to discuss a potential mask ban for protests, at the direction of the state’s lieutenant governor. No legislation has been introduced yet.

Utah

No known state laws or bills.

Vermont

No known state laws or bills.

Virginia

Current law (enacted in 1950) — general ban with medical exemption requiring documentation

This law makes it illegal for anyone over 16 years of age to wear a mask or face covering with exemptions for trades, theater, or “bona fide medical reasons upon the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device.”

Updated in 2010 to include an exemption in a declared “disaster or state of emergency” where the need for the mask is well defined.

Sentence (class 6 felony): One to five years in prison or, if jury/judge prefers, up to one year and/or $2,500.

Note: The City of Alexandria tried to ban ski masks in housing developments in November 2023, but the police and public pushed back.

Washington

No current state laws.

Note: Failed bills in 2017-2018 to ban masking on public property, with health exemptions.

West Virginia

Current law (enacted in 1988) — general ban with exemptions

This law makes it illegal for anyone over 16 years of age to wear masks or face coverings, with exemptions for holiday costumes, trade, theater, masquerades, “civil defense drills,” or “for the sole purpose of protection from the elements or while participating in a winter sport.” 

Sentence: Up to $500 and/or one year in prison.

Wisconsin

No current state laws.

Note: Failed bill criminalizing masking in public space in 2019.

Wyoming

No known state laws or bills.

To share an update for this list, email editors@thesicktimes.org.