New York Gov. Kathy Hochul Can’t Mask How Bad She Is At This Job

Reactive leadership at its worst

New York Gov. Kathy Hochul announced Thursday that she’s considering a ban on masks in the New York City subway system. She claims this will prevent creeps who perform antisemitic acts from hiding their identities, but this is the classic example of using an elephant gun to kill a fly. Hochul insists that a possible mask ban would have “common-sense” exemptions for health, religious, or cultural reasons. Like most people who try to resolve complicated situations with supposed “common sense” solutions, she’s not really thought this through. New York City subways are like moving Petri dishes. It’s common sense to wear a mask when crammed next to coughing strangers during the rush hour commute. The city’s air quality is improving and doesn’t always smell like a hairy armpit, but air pollution still accounts for six percent of the city’s annual deaths.

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Covid still exists, as do many of the reasons for its disproportionate impact on New York — more seniors, colder weather, overcrowded housing. Julia Métraux at Mother Jones writes, “People are far less likely to contract Covid if they wear an effective mask, with duckbill N95 masks being the most effective for preventing infections. Given the drop-off in testing, it is difficult know just how many people in New York have Covid. But data from the state shows that the age groups with the most diagnosed cases are children under one-year-old and adults over 85.”

Of course, Hochul is a politician, even if she’s very bad at it, and she wants to appear as if she’s addressing a current serious issue. She stated at a news conference that she was she moved to action after “a group donning masks took over a subway car, scaring riders and chanting things about Hitler and wiping out Jews” last Monday. That’s terrible, but the anti-Semites were probably also wearing shoes. No one would rationally suggest banning shoes from the subway. That would have riders praying they could smell the fresh New York armpit air again.

“We will not tolerate individuals using masks to evade responsibility for criminal or threatening behavior,” Hochul said. “My team is working on a solution. But on a subway, people should not be able to hide behind a mask to commit crimes.”

I understand that masks can make it harder to identify bad actors, but Mayor Eric Adams also supports banning masks, which is conclusive proof that it’s a lousy idea.

“I think now is the time to go back to the way it was pre-COVID, where you should not be able to wear a mask at protests and our subway systems and other places,” he said. He also dragged Dr. Martin Luther King Jr. into this. “Dr. King did not hide his face when he marched and for the things he thought were wrong in the country.” If a racist hadn’t murdered Dr. King before he was 40, he might have later embraced this reasonable public safety measure. Times were different in the 1950S and 1960s. Dr. King often wore hats.

New York is one of more than a dozen states that have anti-mask laws, but Adams is conflating surgical masks, like what people wear to prevent the spread of disease, with Klu Klux Klan hoods, which terrorists wore when setting crosses on fire. Most protesters don’t wear masks so they can hide their identity and act with impunity. They’re simply trying not to get sick. Yes, there are many protesters who are using this as a loophole to get around the anti-mask laws. However, it’s one thing to ban surgical masks from private businesses, even if I disagree, but public transit is, well, for the public. More than 3 million people ride the subway every day. It’s unclear, also, how Hochul plans to enforce her “common-sense” exceptions. When I visit New York this week, should I bring a doctor’s note explaining that I have a “common-sense” aversion to the flu?

New York’s rent-is-too-damn-high mask ban

New York passed its mask ban in 1845 after a tenants’ revolt that started in 1839. Tenant farmers in the Hudson Valley disguised themselves as Native Americans and attacked their landlords. Although it’s probably more accurate to say they dressed up like damn fools in costumes of brilliant calico that were covered with fur, feathers, and tin ornaments. They also wore sheepskin masks or painted their faces red and black. They called themselves the “Calico Indians,” a suitable name perhaps for people who resembled Jellicle Cats.

The more appropriate law would probably ban racial cosplay, but Gov. Silas Wright instead banned masks.

Opponents of mask bans have argued that they violate the equal protection law precisely because exceptions are made for medical reasons and even masks worn for parties and Halloween costumes. It’s political activity that’s specifically targeted. Although, while even vile bigotry is still protected speech, there is no First Amendment protection for harassment and physical intimidation.

Hochul’s latest move has alienated liberal groups, which is a trend for her. Donna Lieberman, executive director of the New York Civil Liberties Union, said in a statement, “The governor’s concerns about masks disguising criminal activity won’t be quelled by banning anonymous peaceful protest. Mask bans were originally developed to squash political protests and, like other laws that criminalize people, they will be selectively enforced — used to arrest, doxx, surveil, and silence people of color and protestors the police disagree with.”

“A mask ban would be easily violated by bad actors and, if someone’s engages in unlawful actions, the judgement should be made based on the criminal behavior, not their attire,” she added.

This all falls into the “well, duh” category, but Hochul doesn’t seem capable of avoiding “well, duh” situations. Former Gov. Andrew Cuomo didn’t just lift the mask ban in 2020 to fight covid. He instituted mask mandates, and Hochul herself said she’d “reserve the right” to reinstitute one for public schools if there was a covid upswing.

Masks have gone from lifesaving tool to criminal accessory. Such is the price of fame.

A new mask ban would require legislative action, but the legislative session ended on June 8. Lawmakers aren’t expected to return to Albany until January. They have demanding lives.

“I think the governor has gotten ahead of herself,” said Michael Gianaris, a Queens Democrat and the State Senate’s deputy majority leader. “This is not something that has been seriously discussed with the Legislature. I think it’s a very serious proposal with all sorts of ramifications that may be unrelated to what she’s trying to get at.”

In other words, Kathy Hochul remains in a perpetual state of “over her head.”

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