Virginia anti-mask law is still on the books
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§ 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 (a) 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, or (b) the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver. 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; 2010, cc. 262, 420.)
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-422
(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
http://leg1.state.va.us/000/cod/18.2-10.HTM
The Virginia Bicycling Federation reported on an effort to modify the law a year ago. Those efforts were unsuccessful. Although no cyclists appear to have been charged under this law for wearing a mask/balaclava, the threat of prosecution remains. Apparently the law was originally passed to counter KKK activities. It was later argued that it might help to deter bank robbers, although I’m not so sure about that one. (A bank robber is already committing multiple serious offenses. I don’t think he will worry too much about breaking the anti-mask law as well.)http://www.vabike.org/wearing-a-winter-mask-still-a-felony-in-virginia/
Again, no cyclists have been arrested under this law in recent years, but one of the VBF board members stated that he had been stopped and told he was in violation of the law, and could be charged with a felony.
This topic has probably been discussed before on the forum, but I think it’s good to bring it up again each winter, until the law has been modified.
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