Alabama bill would allow law enforcement to demand people remove medical masks in public
The House Public Safety and Homeland Security Committee Wednesday approved a bill that gives law enforcement the power to demand that people remove their medical face masks in public so that they can be identified.
HB 559, sponsored by Rep. Jamie Kiel, R-Russellville, allows people to wear a health care mask while in public without being charged with loitering, but allows law enforcement to demand that people show them a note from their medical provider to not spread an infection during a protest. It also allows law enforcement to demand that people remove their masks so that they can be identified.
'If there is not a reason to wear the mask in a public place, this also deals with universities, then there needs to be an excuse for wearing that mask,' Kiel said to members of the committee. 'Instead of just wearing a mask in a place where there may be, like a parade for instance, it is not a masquerade mask, then this would allow law enforcement to request to remove the mask unless they have a medical reason.'
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According to the bill, Alabama statute states that people can be charged with loitering if they remain in a public place to panhandle, gamble and to solicit prostitution, and if they remain in a transportation facility for commercial purposes.
They can also be charged with loitering if they wear a mask while in a public space or stay on the grounds of the university or college after they are told to leave by officials with the school and who are not connected with the university in some way.
People can be charged with a violation if they are charged with loitering for the first time, but they may be charged with a Class C misdemeanor, punishable by up to three months in jail and a $500 fine.
The legislation Kiel filed exempts people from getting charged with loitering during times they are wearing a mask while in public, such as a protest or a parade, but they must demonstrate to law enforcement that they have legitimate medical reason.
'If I want to wear my mask for safety procedures, I have to get a doctor's order just for me to stand out (there), or just for the three of us gathering together,' said Tashina Morris, D-Montgomery.
Republicans on the committee allows law enforcement to identify people who stay in a public place, such as a protest on school grounds for example, in case any incidents occur, and that university and college officials agree with the measure.
'The only thing we are trying to do is when we are having a situation on campuses where we have some folks who are coming to protest,' said Porter Bannister, vice chancellor for state affairs with the University of Alabama system. 'They may or may not be students. They are telling our police officers, 'No, I will not take off my mask' when we ask them for identification. That is all we are trying to do.'
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