VIRGINIA ANTI-MASK LAW

18.2-422. Prohibition of wearing of masks in certain places; exceptions. It shall be unlawful for any person over sixteen years of age while wearing any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons (i) wearing traditional holiday costumes; (ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons; (iii) engaged in any bona fide theatrical production or masquerade ball; or (iv) wearing a mask, hood or other device for bona fide medical reasons upon the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device. The violation of any provisions of this section shall constitute a Class 6 felony. (Code 1950, 18.1-364, 18.1-367; 1960, c. 358; 1975, cc. 14, 15; 1986, c. 19.)

Appeals court allows N.Y. anti-mask law

Wednesday, January 21, 2004 Posted: 10:04 AM EST (1504 GMT) NEW YORK (Reuters) -- A federal appeals court Tuesday ruled that a New York state law barring public demonstrators from wearing masks is valid under the U.S. Constitution and does not violate Ku Klux Klan members' free speech rights. The 2nd U.S. Circuit Court of Appeals' ruling reverses a trial court's finding that the state law violated the First Amendment. The three-judge panel said the mask was not protected by the free-speech provision because it does not convey a message independently of the robe and hood. "Since the robe and hood alone clearly serve to identify the American Knights with the Klan, we conclude that the mask does not communicate any message that the robe and hood do not," the appeals court said. "The expressive force of the mask is, therefore, redundant." U.S. District Judge Harold Baer held in a 2002 ruling that the state law violated the free speech rights of the Butler, Indiana-based Church of the American Knights of the Ku Klux Klan. The group had argued that the wearing of the mask was symbolic speech that is protected by the Constitution. If the judge's decision had been upheld, members of the group would have been able to hide their identities by wearing hoods and masks at New York rallies. Donna Lieberman, executive director of the New York Civil Liberties Union that had argued on behalf of the American Knights, said the organization was reviewing the ruling

and considering its options. Baer's ruling dates back to a 1999 case in which the city had denied parade and sound permits to a Klan group that wanted to hold a "White Pride" rally wearing masks. City lawyers said they told the group they could hold a demonstration only if they appeared without disguises. Although a trial judge ruled that group could march with masks, the Second Circuit had stayed the decision. The group held its event on October 23, 1999, without masks but continued to fight the matter. The American Knights describes itself in court papers as an organization that advocates white separatism and "white pride." Although it is not formally associated with the KKK, the two groups share certain beliefs and both wear robes and hooded masks.