Ald. Ray Lopez wants to increase penalties for crimes committed while wearing masks

Ald. Ray Lopez wants to boost penalties for people who commit crimes while wearing a face mask.

Why it matters: The proposal aims to address ongoing concerns about crime, but it has also sparked pushback over how cops might selectively enforce crime-fighting measures like this one.

The big picture: Lawmakers are pursuing mask restrictions in several states , largely in response to masked protesters at pro-Palestinian rallies.

• New York Gov. Kathy Hochul proposed banning masks on the subway after reports of protesters in a train car yelling, "Raise your hand if you're a Zionist."
• Ski masks have also become a fashion statement in recent years, sometimes called "shiesties" for Memphis rapper Pooh Shiesty, who popularized them, according to the San Francisco Standard.

Zoom in: Lopez's proposal applies to anyone arrested for crimes under the broad Title 8 , which includes anything from disturbing the peace to gun charges, "while wearing a mask, hood or other clothing or device that concealed or attempted to conceal the person's identity at the time of the offense."

• He suggests a penalty of 10 days of imprisonment, a $5,000 fine and up to 129 hours of community service — on top of the standard penalty for the crime.

What they're saying: "Whether they are doing takeovers or flash mobs or other things, anyone who's trying to conceal their identity in this way is being very intentional about what they're doing," Lopez tells Axios. "So we need to be just as intentional to throw as many enhancements to their penalties as possible."

The other side: "History has shown us that enhanced penalties like this are always going to be enforced against activists and people of color," the Northwest Side progressive blogger People's Fabric tells Axios.

• "Lopez could have limited the scope of the ordinance to only apply to certain types of crime, like robberies or carjackings, but he chose not to. The scope of his ordinance is any kind of 'crime,' which includes minor violations often weaponized against protesters, such as trespassing, loitering, failure to disperse, or impeding the public way."

The intrigue: Some have further knocked mask restrictions as safety risks at a time when COVID detection is rising in certain parts of the country — including Illinois — where COVID emergency room visits have recently increased.

Yes but: Lopez emphasized that mask wearing only becomes a problem under his proposal "if you are breaking the law."

What's next: Lopez says he hopes the proposal gets a hearing at the City Council's next public safety committee meeting this week.

• Committee chair Ald. Brian Hopkins did not respond to Axios' questions about whether he will consider the measure at the meeting.
• Mayor Brandon Johnson's office also did not immediately respond to questions about the proposal.