RALEIGH, N.C. — A new law restricting the public wearing of masks is now in effect in North Carolina, following a veto override by the state’s Republican-led General Assembly. This development marks another successful challenge against Governor Roy Cooper, a Democrat, as the GOP continues to utilize its supermajorities in both the Senate and House.
On Thursday, the final approval from the Senate came through a 30-13 vote strictly divided along party lines. This action wrapped up an effort that began in the House, where members engaged in a protracted session the day before, stretching late into the night, to surpass the governor’s opposition.
This legislation is not merely another law passed in the General Assembly but adds to the list of over 20 gubernatorial vetoes overridden in the past year. Its passage reflects the current political dynamics within North Carolina, where narrow supermajorities in both chambers amplify the legislative strength of the Republicans.
Contrary to the initial version of the bill introduced earlier in the session, the adopted law restores a medical exemption. This adjustment came after significant disapproval from both the public and some Democratic lawmakers concerning the original proposal’s removal of a bipartisan health-related regulation established during the 2020 pandemic.
Under this new statute, while people can wear medical or surgical-grade masks for health protection, law enforcement and property owners possess the authority to request the removal of masks for identity verification purposes. Notably, the law seeks to address issues beyond health, as it escalates the penalties for crimes committed when wearing a mask and increases the fines for demonstrators intentionally blocking traffic.
An unexpected element in the legislative package is a campaign finance provision that allows federally registered committees to donate to state political parties using funds that could potentially include unlimited contributions from individuals. This inclusion has stirred additional controversy, particularly among Democratic lawmakers and Governor Cooper, who pointed to a lack of transparency in campaign finance as a primary concern when vetoing the bill.
The push for this law was partly motivated by reactions to protests on college campuses, particularly those related to the conflict in Gaza. Proponents, like Republican Sen. Buck Newton from Wilson County, argued that the law would bring a sense of order amidst these demonstrations. Last month, over 30 individuals were detained during a protest encampment at the University of North Carolina at Chapel Hill, many of whom wore masks.
Opposition voices, such as Mecklenburg County Democrat Sen. Natasha Marcus, initially focused heavily on the potential health risks to immunocompromised individuals posed by the original bill. The concern shifted somewhat after an interruption in the bill’s momentum spurred by Rep. Erin Pare of Wake County, the assembly’s sole Republican at the time, who demanded the reinstatement of a health exemption.
Further complicating the discourse around the law are civil liberties advocates, including the American Civil Liberties Union, who argue that the masking restrictions could infringe on free speech, particularly during protests.
Historically, North Carolina’s masking laws date back to 1953, largely aimed at curbing activities of groups like the Ku Klux Klan. The current laws reflect more contemporary concerns, while still making allowances for masks on job sites, during theatrical productions, and with holiday attires.
This legislative move by North Carolina reflects ongoing debates in other states too. New York and Ohio are exploring regulations aimed at balancing the needs for safety, free speech, and public order in response to masked gatherings and protests.
These actions indicate a nuanced struggle to address modern security concerns while respecting rights and historical uses of masking for various reasons across the U.S.