Many people expressed concern over potential legislation to ban masks at public protests during a Texas Senate State Affairs Committee hearing Wednesday.
The hearing came at the direction of Lt. Gov. Dan Patrick, who released a list of priorities he wanted Senate committees to study before the start of the 89th Legislative Session in January.
The charge directs the committee to study the use of face coverings “designed to conceal the identity of those bent on committing crimes at protests” and to recommend legislation to prevent the “chaos and destruction” brought by those who do so.
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Lawmakers around the country have proposed these bans, citing masks as a reason for violent activity at protests over the Israel-Hamas war. North Carolina passed a mask ban earlier this year, and several states already have bans on the books.
The committee called on Ralph Ohland, a lieutenant in the Texas Department of Public Safety's criminal investigations division, to testify Wednesday. He said masks make it difficult for law enforcement to identify those who commit crimes like assault or vandalism at protests. He also said masks embolden protesters to engage in this activity. He said many of the over 130 people arrested at the pro-Palestinian protests at UT in April wore masks.
“A common theme among criminal elements has become ‘no face, no case,’” Ohland said. “This shows us there’s a criminal understanding that covering their faces drastically reduces the ability of law enforcement to identify and bring these persons to justice.”
The committee also heard invited testimony from Hannah Meyers, the director of policing and public safety for the Manhattan Institute, who said a mask ban can be an extra tool for law enforcement to apprehend criminals. Texas passed a similar mask ban in 1925 to combat Ku Klux Klan activity that she said was successful. It was repealed in 1974.
"We cannot participate or make our voices heard if we have to risk our health, our careers and our lives because of a mask ban."Lindsey Carmichael Blackwell, two-time Paralympic medalist
“Like so many other laws that law enforcement utilizes every day with reasonableness, this is just another such law,” Meyers said.
Members of the public who testified stated concern for those who are disabled or immunocompromised and rely on masks for their health. Lindsey Carmichael Blackwell, a two-time Paralympic medalist and native Texan, said a mask ban would prevent those with complex health concerns from exercising their constitutional rights.
“We cannot participate or make our voices heard if we have to risk our health, our careers and our lives because of a mask ban,” she said. “That is no choice at all.”
Danny Woodward, a policy attorney at the Texas Civil Rights Project, said the U.S. Supreme Court has upheld the right to anonymous free speech to protect individuals from retaliation for unpopular sentiments. He said banning masks would impede that right for protesters in Texas.
Shaimaa Zayan, operations manager for the Texas chapter of the Council on American-Islamic Relations, testified masks are also used for religious reasons, particularly by some Muslim women. Zayan also said a mask ban would allow law enforcement to interfere in peaceful protests simply because individuals were wearing masks.
UT Austin senior Maggie DiSanza testified that masks are a tool for protesters to protect themselves from invasive surveillance techniques used by law enforcement to target and arrest peaceful protesters. DiSanza said a mask ban would lead to “selective and discriminatory enforcement” because it would be difficult to determine why a person is wearing a mask.
“Mask wearing is an important way for us to safeguard our right to speak out on issues that affect us all,” she said. “Mask bans are just another way to suppress people’s right to peacefully protest.”
A mask ban is not a priority for the House. Bills can be filed starting Nov. 11. The legislative session begins Jan. 14.
