A newly proposed mask ban bill aimed in part at addressing a recent uptick in antisemitic incidents in New York is emerging as a potential flashpoint in Albany’s fledgling legislative session, even as it has won outspoken support from a wide range of Jewish leaders and civil rights groups.

The legislation, introduced last week by state Sen. James Skoufis and Assemblyman Jeffrey Dinowitz, would reinstate a previous ban repealed during the COVID pandemic, while adding “masked harassment” as a new criminal violation, and also expanding the definition of aggravated harassment in the second degree to include acts of masked intimidation and violence. It includes several carve-outs for people who wear masks for religious, health or occupational reasons.

The bill is an amended version of legislation first introduced last year amid a wave of antisemitic incidents sparked by the Oct. 7 attacks and Israel’s war with Hamas in Gaza. But the original legislation, which would have banned mask wearing even in lawfully assembled groups, drew backlash from free speech advocates who raised objections that the bill would unfairly target protesters who frequently cover their faces while participating in public demonstrations.

Despite major revisions, the renewed effort has continued to face opposition from groups including the New York Civil Liberties Union, which recently signed on to joint letters to top state elected officials arguing that legislation banning masks “threatens New Yorkers’ health and safety” and “undermines protections for those engaged in political protest.” 

The letter, sent before the bill had been introduced, called on officials “to ensure no legislation banning masks advances in New York State this session.”

Gov. Kathy Hochul, a Democrat, has indicated she is open to implementing a mask ban, but her office declined to weigh in on the current legislation this week. “In general, we don’t comment on legislation until it passes both houses of the Legislature,” Avi Small, a spokesperson for Hochul, said in an email to Jewish Insider on Tuesday.

He instead referred JI to Hochul’s remarks earlier this month in which she reiterated that she would “consider language that says if you commit a crime while wearing a mask, there should be enhanced penalties.”

Her recent lack of clarity on the new bill, however, has raised concerns among some Jewish activists who believe her public support would help ensure that the legislation moves forward. “The fact that the governor didn’t put it in her budget address when she has the most leverage is a red flag,” one Jewish leader who asked to remain anonymous to address a sensitive issue warned to JI.

Rep. Ritchie Torres (D-NY), who is now weighing a primary challenge to Hochul in next year’s election, called on the governor earlier this month to “update the proposed executive budget to include legislation reinstating the mask ban,” saying her “lip service to a mask ban means nothing without legislation and executive orders that match the words with deeds.”

Even as she has faced pressure from both sides of the ongoing mask ban debate, Scott Richman, the regional director for New York and New Jersey at the Anti-Defamation League, expressed optimism that Hochul would ultimately come out in favor of the bill, noting that her broader statements “bode well” for the legislation.

“As she sees support from many groups around the state, we hope that will encourage her to support it,” Richman said in an interview with JI, calling the bill a “no-brainer” in order to counter rising antisemitic violence.

The ADL, which has said that the bill is its top priority in Albany’s current legislative session, is among a number of Jewish groups aggressively lobbying for the ban — which recent polling has shown is widely supported by New York voters. In addition to the UJA-Federation of New York and the Jewish Community Relations Council of New York, the bill is backed by Black advocacy organizations including the National Urban League and NAACP New York State Conference. 

Manhattan District Attorney Alvin Bragg, who is seen as a progressive prosecutor, has also voiced support for the legislation, arguing that “too often masks are used as tools for crimes of hate, lending anonymity to those targeting New Yorkers because of their backgrounds.”

Last year, Nassau County’s Republican-controlled Legislature passed a more expansive law banning masks in public with some exceptions. Earlier this week, a professor at Columbia University, which has been riven by anti-Israel demonstrations, submitted a proposal to the school’s senate that would ban face coverings in classrooms as well as at campus events.

It remains unclear how the statewide bill is broadly viewed in the Democratic-controlled legislature, as supporters say there is no official whip count at this early stage of the session.

Skoufis, a Democrat who introduced the bill in the state Senate, declined to confirm if he expects to see the legislation pass. “I learned a long time ago to not offer predictions on bill passage,” he wrote in a text message to JI. “Support and awareness is growing in the Legislature as Assemblyman Dinowitz and I continue to speak with colleagues. There’s a broad understanding that New York must address the cowardly attacks being perpetrated by masked individuals.”

For his part, Dinowitz, also a Democrat, said in an interview with JI on Tuesday that he hopes to pass the bill this session, noting he is now seeking to line up “as many members as possible” to co-sponsor the legislation. “Everybody should be concerned about this,” he said. “I am personally so outraged by some of the disgusting things that have gone on over the past 15 months,” he added. “People who are up to no good are more likely to wear a mask than people who are up to good.”

“We’ve put out a bill which is a strong bill and we hope can be effective, but at the same time we take every possible step to make sure that no one can feel their First Amendment rights are being infringed,” Dinowitz explained.

A Democratic state lawmaker who supports the bill, speaking on the condition of anonymity to address a sensitive issue, said that the bill will “definitely” be a polarizing topic of debate in Albany. 

But the lawmaker suggested the bill will continue to garner new backers in the coming months as Jewish groups and other advocates push for action. “You’ll see more coalition building and support grow as the session moves forward,” the lawmaker confirmed to JI. “There’s plenty of runway.”