Big news: we defeated a full mask ban in the New York state budget! Here's the full recap and what comes next:

We stopped a dangerous proposal to ban masks, limit free speech, endanger protestors, and increase government surveillance in the false name of Jewish safety... all because of you!

After months of organizing, lawmakers were forced to pass a version so narrow and legally weak that it’s unlikely to be enforced. Read on for more details, but the highlight? Masks are still legal. Police cannot arrest you for wearing one. This is a win for all of us — for people who are immunocompromised or disabled, for all communities targeted by policing, for our movements — and we did it together.  

Together with our partners — Jews for Racial & Economic Justice, Jews for Mask Rights, New York Civil Liberties Union, and many more — we made thousands of calls educating people about this issue, dropped into legislators’ offices, drove hundreds of calls to our lawmakers, and refused to back down. Here’s a recap:

• Governor Hochul announced that a complete mask ban in the name of Jewish safety was her biggest priority for the New York budget.¹ And so did the ADL.²
• We know that policies against masking don’t keep Jews or our neighbors safe, so we jumped into action. We successfully flooded the legislature with calls and stalled the process. 
• Hochul pivoted to a “compromise” that would still punish people for protecting themselves, with chilling potential impacts on free speech — but we don’t compromise on people’s right to protect their health, communities, and our democracy.
• So we made one more big organizing push. We called again and met with lawmakers in person. The result? They watered down the language so much that, according to our friends at NYCLU, this crime would very challenging to charge.

We're still talking to legal experts to understand all of the implications, but the current language is³ a narrow provision that:

• Only applies if someone is committing or fleeing a serious crime, and
• Only if a prosecutor (not police — which is important) can prove they masked up just to avoid being identified and had no legitimate reason (like health, weather, or comfort)

Yes — in order to speak to advocates in favor of a mask ban, Governor Hochul included an unenforceable version in the budget just to say they got it done. Yes — Hochul’s insistence on creating a new crime if someone commits a felony or a misdemeanor while masked still raises alarm bells and panders to the Trump agenda. Yes — we wish masks were not being legislated at all.

But let’s be clear: it is a victory for civil rights, public health, and democracy that it is not a crime to mask in New York. And it is because of our combined efforts.   

This is a win — and a warning. Those behind this law have already said they’re not done. So we’re staying vigilant, ready to mobilize again. Celebrate this win with us and power Bend the Arc’s future fights with a donation today.

From New York to the White House, politicians are trying to use “fighting antisemitism” as cover for dangerous policies. We say: Not in our name.

In a moment of growing authoritarianism, I am truly strengthened to see what’s possible when we act together. 

I hope this brings some extra sweetness to your Shabbat,

Jillian Lipman 
Antisemitism Campaign Manager, Bend the Arc

Sources:

1. Gov. Hochul is pushing a last-minute mask ban in state budget talks, Gothamist
2. Jewish leaders hope to ban most masks in public in NY next year: ‘Nothing political about prejudice’, The New York Post
3.  Photograph of budget language, PBS