Philly may ban ski masks in public places like schools and parks

Philadelphia City Council will consider legislation banning ski masks on public property, including inside schools, at city parks and recreation centers, and on public transit.

Councilmember Anthony Phillips introduced legislation Thursday that would allow the city to fine people $250 for wearing the masks in specific public places, and it was cosponsored by 10 other members — meaning it already has the support of a majority of Council.

Phillips, a Democrat who represents parts of Northwest and Northeast Philadelphia, said the proliferation of ski masks being used by people committing crimes has made police work harder and is “a problem that we cannot ignore.”

“Our quality of life suffers when folks feel intimidated while going about their daily life in the city,” he said. “The discourse on this subject has been focused on whether it will stop shootings. And I’m not going to sit here and pretend that it will. But what it will do is make it easier for the police to identify suspects and make our neighbors feel safer.”

The bill is unlikely to pass in time for summer, assuming Council follows its usual procedures. Lawmakers only have one more scheduled meeting this month before they take a three-month legislative break, and bills generally must be passed in two separate meetings.

Under the bill, people would be banned from wearing ski masks in schools, recreation centers, day cares, parks, and city-owned buildings, or on any mode of public transportation. The city could also impose a $2,000 fine on anyone who wears one in the commission of a crime.

The legislation includes exceptions for people wearing holiday costumes, observing religious holidays, wearing safety equipment as part of their job, taking part in theatrical productions, and playing winter sports.

Ski masks, which are also called balaclavas or Sheisty masks (named after Memphis rapper Pooh Sheisty), gained popularity during the COVID-19 pandemic, especially among young people. But police have said the masks complicate detective work that often relies on surveillance footage of people committing crimes, and some Council members have said they hear often from constituents who feel uneasy around groups of people donning the coverings.

» READ MORE: Take off the ski mask or skip the ride, SEPTA says

The move comes just weeks after SEPTA announced it would begin enforcing a similar ban after several violent incidents involved people wearing the full-face coverings. The transit authority has restricted masks that disguise someone’s identity for some time, but transit police were not strongly enforcing the ban — particularly during the pandemic — until last month.

Several states, including Virginia, Florida, and Georgia, have similar bans on people wearing facial coverings that are intended to disguise their identity.

The potential crackdown in Philadelphia comes as the city has experienced three years of a persistent gun violence crisis that took hold during the pandemic. Council this week also approved legislation authorizing its Committee on Public Safety to hold hearings on the city’s capability to use drones to fight crime.

Councilmember Jamie Gauthier did not cosponsor the ski mask legislation but said she may be open to voting for it after exploring the issue further. Gauthier said she had concerns about how the bill would be enforced and wondered whether Council’s time could be better spent on solutions, such as recreational opportunities, that could steer young people away from crime.

”I definitely understand why this is an issue, especially given … the gun violence epidemic,” she said of Phillips’ proposal. “I also want to know if there’s a way to do this without unnecessarily criminalizing young men like we already do in this city. … We have not done enough to invest in things for teenagers specifically to do.”

Councilmember Curtis Jones Jr., who is angling to be the next Council president, said last year he opposed making it illegal to wear ski masks, but he nonetheless cosponsored Phillips’ bill.

Jones recently introduced a resolution to hold hearings on the issue, and said he signed on to Phillips’ proposal because he supports having a discussion and believes the bill may end up being amended to be more limited in reach.

”This is a complicated issue,” Jones said. “There are constitutional issues,” such as whether banning ski masks could be viewed as an illegal limitation on free speech, he said.

A possible compromise could include banning ski masks in certain circumstances, such as on mass transit, in banks, or in public buildings, he said.

”I think there’s going to be a lot of pushback, and I think we should be open to listening to that, because at the end of the day there might be some compromise that could be made,” he said.