Philadelphia City Council bans wearing ski masks in public

Wearing a shiesty -- a.k.a. ski mask or balaclava -- in certain public areas throughout Philadelphia will now be a finable offense.

On Thursday, among a number of bills, Philadelphia's City Council approved legislation to ban the wearing of ski masks in places such as schools, day cares, rec centers, parks, inside city-owned buildings and on public transportation.

The bill passed with a vote of 13 to 2.

Those who violate the new ban will face a $250 fine.

And, those who wear one during the commission of a crime will be hit with a $2,000 fee -- on top of any other legal ramifications following the act.

The move comes after SEPTA announced a similar ban on public transit.

'Take them jawns off'

In supporting the ban, Councilman Anthony Phillips of the city's 9th councilmanic district, said the bill would return "both power and safety to the people" including thousands who were not in attendance at the day's hearing.

"It aims to create a safer, more transparent and loving community," Phillips argued.

At large councilmember Isaiah Thomas said that he supported the bill as a way to help law enforcement officials identify those who engage in criminal activity

"I'm all for trends and things that are cool for young people. Very supportive of that stuff," he said. "But, what am I supposed to say to a parent when we leave a basketball game and harm is done to a child and there's no way to tell who did that harm or why that harm was done?

"Young people, you got to take them jawns off," Thomas said, punctuating his comments. "Seriously."

Others who supported the bill agreed that the move would help support law enforcement efforts to identify individuals, though many said the decision to support the bill was difficult.

"I'm trying to save kids lives, whatever it takes," argued councilmember at large, Jim Harrity.

A 'targeted attempt to get at people of color'

Councilwoman Jamie Gauthier of the city's 3rd councilmanic district, voted against the bill as did Councilmember at large Kendra Brooks.

Gauthier said that she couldn't support a bill that could further marginalize and criminalize young men throughout the city. Instead, she called for more support for young people.

"It's incumbent upon us as a city to deliver that support and to prioritize that over making enforcement harsher on young Black men in our city in ways that might not even be Constitutional," she said.

Gauthier said she came to the meeting planning to support the ban, but her mind was changed after hearing several members of the public -- many wearing ski masks as they spoke -- who argued against the bill.

Some members of the public spoke to call ski masks a fashion statement not criminal paraphernalia.

Solomon Furious Worlds, an attorney with the Pennsylvania ACLU, also argued that the bill could give law enforcement officials the ability to engage in prejudicial policing practices.

"There is no evidence to suggest that ski masks cause or encourage violent crime," he told councilmembers. "If you'd like to address violent crime, I'd suggest housing, food assistance, child-care, things like that."

He said that police officers could enforce this ban selectively and it would give officers the ability to stop civilians without suspicion of unlawful activity, which he said was unconstitutional.

He called it a "targeted attempt to get at people of color."

Mary Henin, president of UAW Local 5502, which represents public defenders in the city, argued that the bill criminalizes everyday clothing worn by much of the public, not because the masks can be used to hide someone's identity, but because ski masks are a currently popular fashion trend.

"What is the next trend that this council will criminalize and how does that increase public safety?" she asked.

The bill says the ban will take effect immediately, as long as the mayor signs off on it.