NC Legislature Passes New Mask Bill

Critics say the House Bill still lacks protection.

Woman putting on face mask
A medical or surgical grade mask may be worn for the purpose of preventing the spread of contagious disease.
By Cash Michaels –

The Republican majority state House on Tuesday passed House Bill 237, the “Unmasking Mobs and Criminals Act,” 69 to 43, despite protests that it offered little protections for medical patients who are required to were medical masks to protect themselves from contracting contagious diseases.

The bill was also inexplicably mixed with a provision allowing so-called “dark money” from unnamed sources into political campaigns.

House Democrats debating the bill opined that one issue had nothing to do with the other, but that they were joined because of election-year politics.

Senate Republicans passed a compromise version of HB 237 earlier in June after House Republicans initially rejected a Senate version that removed the Covid pandemic public mask wearing exemption. Both houses conferred on the new version which passed June 11, 2024, despite there being new problems with the bill.

The new HB 237 mandates that only a medical or surgical grade mask may be worn for the purpose of “preventing the spread of contagious disease.” But what if a patient needs to wear a medical mask for the specific purpose of protecting themselves from catching a contagious disease, many House Democrats asked. The new language doesn’t say.

The new compromise also says a person wearing a medical mask “…shall remove the mask upon request by a law enforcement officer or temporarily remove the mask upon request by the owner or occupant of public or private property where the wearer is present to allow for identification of the wearer.”

So beyond a police officer, anyone can legally request a medical patient remove their medically necessary mask for the purpose of identification.

House Democrats warned that that provision will cause Constitutional issues going forward.

In terms of punishment, the new compromise HB237 states, “If a person is convicted of a misdemeanor or felony and it is found as provided in this section that the person wore a mask or other clothing or device that concealed or attempted to conceal the person’s identity at the time of the offense, then the person is guilty of a misdemeanor or felony that is one class higher than the underlying misdemeanor or felony for which the person was convicted. Notwithstanding any provision of this Article to the contrary, the court shall impose a sentence of imprisonment for a person convicted of an offense enhanced under this section if, after enhancement, the class of offense and prior record level permit active punishment as a sentence disposition.”

Observers like The Raleigh News and Observer in its editorial section, noted, “It appears to be—at least in part—a crackdown on protesters who often wear masks or other face coverings to protect their identity at demonstrations. The bill also increases penalties for those who wear a mask while committing a crime, which means a protester arrested for vandalism or trespassing could potentially receive a harsher sentence simply because they were wearing a mask.

“The original bill was uncomfortably ambiguous, despite the fact that Republicans claimed it was not intended to punish anyone who wears a mask for the sake of their health. This new version is still far too vague. Besides, do they really think that this change will prevent someone from wearing a mask while committing crimes? If someone is already breaking the law, it seems unreasonable to think that they wouldn’t just break another one, too.”

The new mask law now goes to Gov. Cooper either for his signature or veto.