Philly’s ski mask ban is meant to deter crime. It won’t.

We get it: Everyone in the city wants to feel safe in their home, in their neighborhood, and on their way to work. And when we don’t, we look to our elected leaders to fix it.

Unfortunately, in their haste to appear responsive, our legislators sometimes revert to failed policies that increase surveillance of Black and brown young people and criminalize aspects of youth culture, such as the way young people dress or where and how they gather.

Our organization has more than 50 years of experience representing young clients in the justice system, which gives us the ability to identify the most constructive interventions. We can also recognize harmful actions posing as solutions.

One intervention that may seem like a good idea from the outside, but is likely anything but, is Philly’s new law banning ski masks in certain public spaces.

While this new law might be considered a strong response, it’s not an effective one. The ban, like all the superficial policies targeting youth behavior or culture before it, will not deter crime.

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The ski mask ban will mostly affect young people, and many of our young clients have told us that they wear ski (or “shiesty”) masks not with the intention of committing a crime, but because they are — quite simply — fashionable at the moment. And policies that criminalize ordinary youthful behavior, like teen curfews — while popular — have never had a meaningful effect on crime or safety.

What’s more, these policies end up criminalizing Philly’s mostly Black and brown children for activities that would be seen as acceptable (or at least “noncriminal”) for children in neighboring (and mostly white) Montgomery County. This will have unintended but dangerous consequences by increasing the number of negative interactions between Philly’s youth and law enforcement. The ban gives police a new reason to surveil, target, and apprehend young people for behavior that, on its face, is not criminal. A $250 fine for wearing a ski mask in parks, schools, day-care centers, city-owned buildings, and on public transit will pose a significant burden on the families of young people in Philly — the nation’s poorest big city — for what is essentially a dress code violation.

And not all young people wear ski masks just to look cool. On a darker note, many of our clients have also shared that they wear them at times because they’re afraid of being recognized by other people who intend to do them harm — they are hiding not from police, but from people in their neighborhood, at school, or other parts of their lives. These are very real fears faced by many young people. Focusing on the ski mask itself, instead of examining why our young people choose to wear them, shows a callous indifference to the reality that young Philadelphians face.

Not all young people wear ski masks just to look cool.

Here’s what’s perhaps most important: The ski mask ban will do nothing to deter crime. That’s because, whether worn for protection or fashion, ski masks aren’t among the many complex factors that contribute to crime. Instead, we should focus our resources on what is linked to criminal behavior: lack of access to affordable housing and high-quality education, mental health resources, recreational and extracurricular activities, and food insecurity. All of these are prevalent characteristics in neighborhoods that experience higher incidents of crime. Passing laws that focus on what kids choose to wear is a missed opportunity to craft legislation that offers real solutions.

Our goal is to keep young people out of the justice system, which can cause permanent damage and alter the trajectory of their lives. Over the years, we have enjoyed a collaborative and productive relationship with members of City Council, who have long supported the efforts of our office and other organizations who seek a more holistic approach to addressing crime. The ski mask ban is a big step backward.

So if the ban won’t protect kids, what will?

We believe a more productive approach is a new state bill that expands opportunities for youth to be diverted away from the criminal legal system, eliminates many fines and fees, and increases protections for young people being interrogated by police.

We can all agree on the need to prevent young people from engaging in criminal activity. But subjecting them to more police surveillance, scrutiny, and suspicion, while otherwise treating them as “mini-adults,” isn’t the answer.

The ski mask ban won’t deter crime, but it will force more Black and brown children into our already overcrowded youth judicial system.

We should legislate to provide the services and support our children need, not punish them for being kids.

Kate Parker is the policy director and Nicole El is the assistant chief of the children and youth justice unit at the Defender Association of Philadelphia.