Restrictions on face masks proposed around country, but ACLU of Illinois has concerns

CHICAGO (CBS) -- Just four years ago, a mask requirement for indoor spaces was issued in Illinois at the height of the COVID-19 pandemic, and masks were still required on the Chicago Transit Authority and other mass transit as recently as the spring of 2022.

But now, there is a growing movement of lawmakers and communities who want to ban masks. Civil liberties advocates have some major concerns about that idea.

In surveillance videos of crimes being committed, the perpetrators are often wearing masks over their noses and mouths. In many cases, the coverings help hide the faces and identities of those responsible.

"They're not wearing those masks to protect themselves from COVID," said Ald. Ray Lopez (15th). "They are doing it for a very intentional reason."

For anyone caught committing a crime while wearing a mask, Lopez is proposing an enhanced penalty on top of any sentence a judge hands down.

"I'm not trying to ban wearing masks in the city of Chicago," Lopez said, "but only trying to specifically target those individuals who are intentionally trying to conceal their identities while breaking the law."

In northwest suburban Lake in the Hills , face coverings will not be allowed at the Rockin' Rotary Ribfest unless for medical or health purposes. Organizers singled out decorative masks—such as skeleton, ski, or character masks.

This comes after fights broke out at a festival earlier this spring in Lake in the Hills.

Lake in the Hills police said in part, "[W]e can't ignore that we are seeing a trend locally and nationally of individuals with ill intent using face coverings to hide or disguise their identities."

But the American Civil Liberties Union of Illinois has expressed concerns.

"I think one of the things we are concerned about is the broadness and breadth of a lot of these sorts of bans," said Edwin Yohnka, director of communications and public policy for ACLU Illinois.

Masks have also been used to conceal people's faces during protests—including at the pro-Palestinian protest encampments at universities around the area and the country this past spring, and other events—notably including a protest that happened at 2:30 a.m. this past Saturday outside the home of U.S. Rep. Brad Schneider (D-Illinois) in Highland Park and left many neighbors alarmed and on edge.

After concerns about people shielding their faces while committing antisemitic acts, New York state Gov. Kathy Hochul is considering a mask ban on public transit.

"We're talking about people who use facial coverings to cover up their identity," Hochul said.

Yohnka said similar bans could unlawfully target people's right to protest anonymously.

"What we're seeing—I think largely in response to, you know, recent protests—are a sense that, you know, people should not be able to be masked in public for any reason," Yohnka said. "We've never required that someone to identify themselves to speak. These laws suggest that people must be uncovered."