Thursday, February 3, 2011

Are Burkas Illegal? Might be, at least in North Carolina


Bet you didn't know that you could not wear a mask in North Carolina, except under certain circumstances. Like when it's cold and you need a ski mask. Or, when you're going to a masquerade ball. Or, on halloween. Or, if you're under 16.

Yep, it's illegal to walk around with anything that conceals your face. There's a good reason that the state legislature adopted this law back in 1953. A guy wearing a ski mask standing outside a liquor store, up until 1953, could not be dealt with. But, today, when police find a man outside a convenience store, wearing a mask, they don't have to wait until he robs the store to grab him. Makes sense.

Of course, the legislature, as is all too often the case, had to add exceptions. The original statute was simple. That means short and to the point:

§ 14‑12.8.  Wearing of masks, hoods, etc., on public property.
No person or persons shall in this State, while wearing any mask, hood or device whereby the person, face or voice is disguised so as to conceal the identity of the wearer, enter, or appear upon or within the public property of any municipality or county of the State, or of the State of North Carolina. (1953, c. 1193, s. 7.)


Then, they had to come up with revisions. This is one. Note number (5):

§ 14‑12.11.  Exemptions from provisions of Article.
The following are exempted from the provisions of G.S. 14‑12.7, 14‑12.8, 14‑12.9, 14‑12.10 and 14‑12.14:
(1)        Any person or persons wearing traditional holiday costumes in season;
(2)        Any person or persons engaged in trades and employment where  a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade or profession;
(3)        Any person or persons using masks in theatrical productions including use in Mardi Gras celebrations and masquerade balls;
(4)        Persons wearing gas masks prescribed in civil defense drills  and exercises or emergencies; and
(5)        Any person or persons, as members or members elect of a society, order or organization, engaged in any parade, ritual, initiation, ceremony, celebration or requirement of such society, order or organization, and wearing or using any manner of costume, paraphernalia, disguise, facial makeup, hood, implement or device, whether the identity of such person or persons is concealed or not, on any public or private street, road, way or property, or in any public or private building, provided permission shall have been first obtained therefor by a representative of such society, order or organization from the governing body of the municipality in which the same takes place, or, if not in a municipality, from the board of county commissioners of the county in which the same takes place.
Provided, that the provisions of this Article shall not apply to  any preliminary meetings held in good faith for the purpose of organizing, promoting or forming a labor union or a local organization or subdivision of any labor union nor shall the provisions of this Article apply to any meetings held by a labor union or organization already organized, operating and functioning and holding meetings for the purpose of transacting and carrying out functions, pursuits and affairs expressly pertaining to such labor union. (1953, c. 1193, s. 10.)

Not being a lawyer, I cannot find an exception for the traditional Muslim burka.

Looks like a mask to me. And, according to North Carolina law, unless their "leader" was granted permission by municipalities for these masks to be worn on a public street, roadway or property, or in a public or private building, wearing such an outfit is illegal. 

Of course, they can be worn, legally, on halloween.  

No comments:

Post a Comment