After chaos at Trump event, Arizona legislator wants to ban masks for protesters

In the wake of this week's chaotic scene after President Donald Trump's downtown Phoenix rally, an Arizona lawmaker is proposing to — quite literally — unmask protesters.

State Rep. Jay Lawrence, R-Scottsdale, said he plans to introduce a bill next year that would make it illegal for anyone to wear a mask or hood to conceal their identify during political demonstrations or parades.

Lawrence's proposal, which he announced in a Facebook post after Tuesday's rally, drew swift condemnation from the American Civil Liberties Union and activist groups that say it would trample on protesters' free-speech rights.

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Lawrence said the clash between police and some protesters in downtown Phoenix motivated him to announce the proposal. He said he's spoken with law-enforcement officers who agree that protesters donning masks are more likely to commit crimes, though he declined to name agencies.

"The officers say that they’re usually wearing masks or hoods, those people that are most destructive," Lawrence said Thursday. "(The proposed law would) cut down on a lot of the violence at these demonstrations."

In public statements after Tuesday's incident, Phoenix police did not cite problems or issues with protesters wearing masks.

Mixed bag of court rulings

Public bans on masks have generated debate across the United States for decades, resulting in a mixed bag of court rulings that have both upheld and struck down anti-mask laws.

Several states, including West Virginia, Ohio and New York, have some form of a mask ban on the books.

Often, the bans originated in opposition to the Ku Klux Klan. Some include exceptions for events like Halloween or apply only if a crime is committed while wearing a mask or hood.

Will Gaona, policy director for the American Civil Liberties Union of Arizona, said the proposed legislation is a "terrible idea" and would likely draw challenges given First Amendment protections for free speech.

Gaona said the proposed ban appears intended to stifle left-wing protest groups. He said anti-mask laws that that have withstood court challenges are typically not outright bans. Instead, he said, they impose stiffer penalties for crimes committed while wearing a mask.

“Certainly the impetus of this is to criminalize protests," Gaona said of Lawrence's proposal.

Lawrence said he plans to introduce the bill when the Legislature convenes in January. He hasn't released a draft of the bill, which he said is being written by staff attorneys for the Arizona House of Representatives.

Lawrence said he's not concerned about court challenges, saying, "That’s for lawyers to decide."

Afraid of being targeted

Opponents of the proposed legislation say protesters might seek to conceal their identity for a variety of reasons, not simply to commit crimes. Gaona said some might hide their face out of fear that they could lose their jobs.

Heather Hamel, executive director of Justice That Works, an advocacy group for criminal-justice reform, said protesters might also seek to hide their identities because they are afraid of being targeted by white supremacists who have been emboldened in recent years.

Bandannas and masks can protect people from pepper spray or tear gas used by the police, she said.

On Tuesday, Phoenix police fired pepper balls, gas and flash-bang grenades into crowds. According to Police Chief Jeri Williams, officers moved to disperse the crowd after a small group of protesters threw rocks, water bottles and gas canisters at police.

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But activists, like Hamel, accuse the Phoenix Police Department of firing pepper gas on crowds of peaceful protesters without warning.

"This is not the first time that Phoenix PD has used tear gas or pepper spray on peaceful protesters," she said. “One of the ways to protect yourself from that type of state violence, from the tear gas and pepper spray that they’ll use, is to carry a bandanna."

Lawrence said he doesn't buy the arguments against his proposal.

He said it’s needed to help law enforcement prevent extremist groups of all political stripes, including the KKK and far-left groups, from turning protests into chaos.

Lawrence said he’s not concerned about people losing their jobs over carrying a Nazi flag or protesting on behalf of an extreme cause.

“Whatever the reason, if you don’t believe that strongly in that for which you are demonstrating, then don’t demonstrate,” Lawrence said. “Peaceful protest, I’m all for it.”

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