Philly lawmakers vote to ban ski masks in some public places | Council roundup

Philadelphia City Council members voted Thursday to ban the wearing of ski masks in certain public places, despite opposition from the ACLU, organizations that serve children and teenagers, and progressive lawmakers.

Members voted, 13-2, to approve the bill, which allows the city to fine people $250 for wearing a ski mask, also called a balaclava, in parks, schools, day-care centers, and city-owned buildings, and on public transit. There are exceptions for religious expression and “First Amendment activities” such as protesting.

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

The vote came amid unrelated ongoing tension between Council members and officials in Mayor Jim Kenney’s administration over the city budget.

Take off the mask, Council says: Councilmember Anthony Phillips, who represents parts of Northwest and Northeast Philadelphia, authored the ski mask legislation following several instances of violence committed by people donning facial coverings. The police department supported the bill, saying it would make it easier for them to solve crimes.

» READ MORE: Philadelphia is poised to pass a ski mask ban, drawing support from police and criticism from the ACLU

During a speech Thursday, Phillips, who is Black and the youngest member of Council, said his legislation was not aimed at furthering “negative narratives” about Black men, but he framed the vote as a choice between “cosign[ing] lawlessness or demand[ing] decency and a high quality of life.”

“We must do our duty and place the highest premium on restoring public trust by having safer communities,” he said. “This is what our neighbors have sent us to Council to do.”

Gauthier said she came into Council expecting to vote in favor of the bill because it could be a tool to help the Police Department solve crimes, but said she was moved by young people who testified against it.

“I can’t in good conscience vote for something that I feel would further criminalize and marginalize young Black men in our city,” she said, “particularly when I don’t feel like, as a city, we’ve done enough to engage them, listen to them, and support them.”

A half-dozen residents, including several wearing ski masks, spoke Thursday and urged members to vote against the bill. Jetson Cruz, an activist with the Youth Art & Self-Empowerment Project, said the legislation would provide police “another reason to stop and harass people.”

“Right now, me wearing this, doesn’t mean I’m about to go commit a crime or do anything wrong,” he said. “I honestly feel like this is just a reason to target the young people.”

Solomon Furious Worlds, a staff attorney at the ACLU of Pennsylvania, also testified in opposition to the bill, saying it is “an attempt to further criminalize young people of color” and could result in officers stopping and frisking pedestrians without legal justification.

The union that represents lawyers at the Defender Association of Philadelphia also opposed the ban.

The legislation now heads to Mayor Jim Kenney. If he signs it, the ordinance will take effect immediately. A spokesperson said the Mayor’s Office is reviewing the bill.

A mid-year budget fight: Every fall, about halfway through the fiscal year, City Council approves legislation to balance the city budget and reconcile accounts. Usually, the process isn’t controversial.

But this year, Council’s negotiations with one another and with the Kenney administration hit a snag. Council was scheduled to vote on the budget bills Thursday morning, but the Appropriations Committee had yet to approve them as of the start of the session. The committee adjourned and members were still negotiating Thursday night.

Councilmember Curtis Jones Jr., chair of the Appropriations Committee, said some members were trying to “take another bite at the apple” and obtain new funding for their priorities, which is typically done only during budget negotiations in the spring when the entire city spending plan is adopted.

Members were negotiating with the Kenney administration and with one another over several pools of money, including funding for parks and recreation centers, an anti-poverty program, and St. Christopher’s Hospital.

» READ MORE: Philly’s budget is in its best shape in years. But Mayor Jim Kenney’s administration is worried about future risks.

Administration officials have expressed some resistance to taking on new expenses, especially if they are recurring. While the city’s finances are generally seen as stable, federal aid dollars issued to the city in wake of the pandemic are scheduled to be exhausted by the end of next year.

Members will continue hammering out the budget, and those negotiations could stretch into Friday or next week if they can’t break the stalemate.