What started as a well-intentioned proposal to ban face coverings in Stockton may never be unmasked.
The Stockton City Council declined Tuesday to move forward on the proposal to ban masks in public amid concerns about how it would be enforced and whether it would trample the rights of peaceful protesters. Instead, with the blessings of its chief proponent, it was sent back to the city’s Legislative Committee to see if it can be salvaged.
Vice Mayor Jason Lee had proposed the idea in June amid concerns that allowing people to cover their faces in public places gave cover to robbers and other criminals trying to shield their identities from police and security cameras.
Stockton Police say about one in four robberies in the city involved perpetrators wearing masks —241 out of 941 stickups last year alone. And some cities, like Modesto, have face-mask laws in place.
Lee noted Tuesday that initially the idea was to ban having people covering their faces everywhere, but then the proposal was narrowed amid concerns it was too sweeping.
As redone, the proposed ordinance — based on one enacted in Philadelphia — would have barred people from wearing face coverings in “any school building, recreation center, daycare, park, city-owned building or on any mode of public transportation, including, but not limited to, buses, trains, trolleys, and subways.”
Why the city attorney didn’t strike “trolleys and subways” — Stockton has neither — wasn’t made clear.
It also required that a person know that their wearing a mask would cause others to have “a reasonable apprehension of intimidation, threats, or violence.”
Even if Stockton were to have adopted it, enforcing it was another matter. Mayor Christina Fugazi expressed concern that a face-mask ban might reopen the door to stop-and-frisk policies — a term referring to instances in some cities where officers stop and search average citizens with little pretense.
Police Chief Stanley McFadden expressed concerns that having officers encountering mask-wearing people on the street or citing them could lead to dangerous escalations or confrontations and could put both police and citizens at risk. To have a general ban, “I’m not sure that would be accepted,” the chief said.
Stockton already has a law in place against wearing a mask in the commission of a crime. It can be added to other charges as a misdemeanor, punishable by up to 180 days in San Joaquin County Jail.
Against those concerns, Lee said he’s willing to take the proposal back to a committee. It will be moved to an unspecified “future meeting.”
