Philly ski mask ban becomes law without Mayor Jim Kenney’s signature

Philadelphia police can now fine people for wearing ski masks in some public spaces after legislation enacting a partial ban on the facial coverings became law Thursday without the signature of outgoing Mayor Jim Kenney.

The legislation, which passed City Council in a 13-2 vote last month, allows the city to fine people $250 for wearing ski masks, also called balaclavas, in parks, schools, day-care centers, and city-owned buildings, and on public transit. The law includes exceptions for religious expression, “First Amendment activities” such as protesting, winter sports, and safety purposes.

Kenney did not sign or veto the legislation, meaning it lapsed into law without his approval following Council’s final session of the year Thursday. In a letter to Council, Kenney expressed several concerns about the legislation, saying that the law is difficult to enforce and that there is a “high risk of selective enforcement against young people of color.”

Kenney added that the “common denominator in every shooting” is a gun and said public safety would be best served by focusing efforts on prevention programs “and taking every measure to directly address the crisis of guns flooding our streets.”

“Until we do that, we will always be fighting an uphill battle,” he wrote.

Police Department leaders supported the law, authored by freshman Councilmember Anthony Phillips, saying it could help them solve more crimes and stop more pedestrians they suspect of being involved in criminal activity. Phillips introduced the legislation earlier this year after several high-profile violent crimes were committed by people wearing ski masks.

Deputy Commissioner Francis Healy told a Council committee that officers are not likely to “cite every person” wearing a ski mask. But he said the law could provide a new mechanism for officers to stop people given the city is under a yearslong monitoring agreement with the ACLU and must document every pedestrian stop and the legal reasoning behind it.

But the ACLU, along with a handful of organizations that represent children and youth, opposed the legislation. Solomon Furious Worlds, a staff attorney at the ACLU of Pennsylvania, testified in opposition to the bill last month, saying it is “an attempt to further criminalize young people of color.”

Other opponents said it could be misused by police through the controversial but legal tactic known as stop-and-frisk. Kenney, who will be leaving office at the end of the month, has long opposed the use of stop-and-frisk and pedestrian stops have plummeted during his tenure. Mayor-elect Cherelle Parker has said she supports the constitutional use of stop-and-frisk, but has vowed to root out any “misuse or abuse” by police.

Phillips, who is Black and the youngest member of Council, has said his legislation was not aimed at furthering “negative narratives” about Black men.

“We must do our duty and place the highest premium on restoring public trust by having safer communities,” he said during a Council session last month.

Progressive Councilmember Kendra Brooks, of the Working Families Party, and Democrat Jamie Gauthier voted against the bill.

Several states, including Virginia, Florida, and Georgia, have similar bans on people wearing facial coverings that are intended to disguise their identity. Philadelphia’s legislation also allows the city to fine people $2,000 for wearing a ski mask in the commission of a crime.