A photograph captured on May 19, 2020, in Toulouse, southern France, depicts a protective surgical face mask as France relaxes lockdown measures implemented to combat the spread of the COVID-19 pandemic caused by the novel coronavirus. (Photo by Lionel BONAVENTURE / AFP) (Photo by LIONEL BONAVENTURE/AFP via Getty Images)
Over the past few years, masks have been acknowledged as a vital tool in protecting public health, particularly during the COVID-19 pandemic. However, amidst the unrest of public demonstrations in universities and public areas, many jurisdictions are contemplating the act of wearing a mask as a criminal offense.
For instance, Democratic governor Kathy Hochul is advocating for legislation that would criminalize the act of wearing masks for those who pose a threat of violence. The proposed legislation would include exceptions for individuals with health concerns, work obligations, and adverse weather conditions, among others. Similarly, Texas senators are also introducing bills to prohibit the use of masks and penalize individuals who use them to intimidate, bully, or threaten others. Numerous other jurisdictions, including North Carolina and Nassau County in New York, have already enforced mask bans for similar reasons.
While security considerations are crucial, banning masks could have adverse effects on public health. Masks have been proven to reduce the transmission and acquisition of respiratory illnesses by trapping airborne particles, such as viral particles released when individuals talk, cough, or sneeze. This is why wearing masks was recommended and at times mandated during the COVID-19 pandemic.
Furthermore, masks serve as a protective barrier against inhaling toxic chemicals and pollutants from air pollution, especially in regions affected by wildfires or high levels of soot pollution. Wildfires emit small particles and irritants that can accumulate in the lungs, leading to chronic health conditions like asthma and chronic obstructive pulmonary disease. Masks offer a critical defense against these harmful particles.
Medical research strongly advocates for the use of masks in reducing the spread of infectious diseases. Various studies demonstrate that facemasks are effective in decreasing the transmission of respiratory particles in both laboratory and clinical settings. The CDC also affirms, “When worn by an infected individual, masks reduce the spread of the virus to others. Masks also protect wearers from inhaling infectious particles from their surroundings.”
Despite exceptions for individuals with health conditions in mask ban legislations, enforcing these exceptions can be challenging. Law enforcement officials are only permitted to inquire about religion or health if it directly relates to the crime under investigation. This can create difficulties in enforcement and pose a challenge for immunocompromised individuals who rely on masks for their health and safety. Questioning these individuals about their masks and potentially asking them to remove them infringes on their privacy and health rights protected by HIPAA laws. It’s important to remember that immunocompromised individuals, including cancer patients undergoing chemotherapy, individuals on steroids, organ transplant recipients, and those with chronic conditions, are more prevalent than commonly perceived.
Moreover, if mask bans are enforced, individuals who require masks may face social isolation. Fear of legal repercussions could deter them from leaving their homes, and businesses may refuse service to individuals wearing masks, including those who are immunocompromised or have disabilities. Mask bans perpetuate bias and discrimination against the most vulnerable members of society.
While politicians advocating for mask bans may have well-intentioned motives to reduce crime, public health policies should prioritize the well-being of the entire population and consider broader societal implications. Banning masks disregards their crucial role in preventing the spread of deadly infectious diseases. In a time where science and health issues are often politicized, the nation needs leaders who will advocate for the health and safety of all citizens.
Julie Lam, the founder of Mask Together America and a vocal advocate for masks, expresses, “Now I am forced to be on medication that’s making me immune compromised, more susceptible to hospitalization from infection, my immunologist warned me. I am out there protesting, wearing a mask, not to make a spectacle but to send a message that we need to rise up and say no to our government defunding public health.”
