Can you be arrested in Florida for wearing a mask?

[CaptainKrunch]

What is the name of your state? Florida

The 2019 Florida Statutes

Title XLVI CRIMES Chapter 876 CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER View Entire Chapter 876.12 Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state. History.—s. 2, ch. 26542, 1951.

operative word: "any portion of the face is so hidden"

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.12.html

Can anyone tell me if this law has been repealed or suspended? The law library indicated this law is still active and on the books.

Does this mean you can be placed in a catch 22 situation in which a cop can arrested you for either wearing a mask or not wearing a mask?

Thanks.

 

[quincy]

What is the name of your state? Florida

The 2019 Florida Statutes

Title XLVI CRIMES Chapter 876 CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER View Entire Chapter 876.12 Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state. History.—s. 2, ch. 26542, 1951.

operative word: "any portion of the face is so hidden"

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.12.html

Can anyone tell me if this law has been repealed or suspended? The law library indicated this law is still active and on the books.

Does this mean you can be placed in a catch 22 situation in which a cop can arrested you for either wearing a mask or not wearing a mask?

Thanks.

Read Florida statute 876.155. There is an “intent” element in the law that must be met.

If you wear a mask as a protection against COVID-19, and are not wearing it with the intention of disguising your identity to commit a crime or intimidate or threaten or harass another, you should not be arrested and/or charged under Florida statute 876.12.

If you ARE arrested and/or charged with a crime, you should contact a defense attorney in your area.

 

[Taxing Matters]

Does this mean you can be placed in a catch 22 situation in which a cop can arrested you for either wearing a mask or not wearing a mask?

No. In addition to the intent element quincy pointed out, there is also the fact that if two laws are in direct conflict, that conflict is resolved by applying various rules of construction. The most common of these are (1) more recent laws take precedence over older ones; (2) more specific laws (where they apply) typically control over more general ones; and (3) federal laws control over state laws, and both federal and state laws control over local ones.

So you'd not be stuck in a catch 22 even if there was a direct conflict. Rather, it would be an exercise of analyzing the two laws to determine which takes precedence given the facts of the situation.

 

[quincy]

Here is a link to Florida statute 876.155 (trying this again ):
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.155.html

This law was enacted in 1981, AFTER Statute 876.12 (which was enacted in 1951).

The lesson here is: DO NOT rely on what you read in Tweets or on Facebook or other social media sites. Speak to a lawyer if you have a question about laws.

 

[NeilTheCop]

What is the name of your state? Florida

The 2019 Florida Statutes

Title XLVI CRIMES Chapter 876 CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER View Entire Chapter 876.12 Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state. History.—s. 2, ch. 26542, 1951.

operative word: "any portion of the face is so hidden"

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.12.html

Can anyone tell me if this law has been repealed or suspended? The law library indicated this law is still active and on the books.

Does this mean you can be placed in a catch 22 situation in which a cop can arrested you for either wearing a mask or not wearing a mask?

Thanks.

I'm sure that question has been asked because in Florida you are required to wear a crash helmet while riding a motorcycle, which contradicts the law you posted.
316.211 Equipment for motorcycle and moped riders.—
(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.

 

[Zigner]

I'm sure that question has been asked because in Florida you are required to wear a crash helmet while riding a motorcycle, which contradicts the law you posted.
316.211 Equipment for motorcycle and moped riders.—
(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.

As was posted above, there is a later law that specifically clarifies the matter.

 

[NeilTheCop]

I wasn't paying attention

 

[quincy]

I think the original question was probably spawned by current online discussions on Facebook and Twitter and other social media sites that have been questioning the legality of wearing face masks, with some online geniuses saying that you shouldn’t wear face masks because you could be arrested for violating the law - which, of course, is not true.

 

[eerelations]

I think the original question was probably spawned by current online discussions on Facebook and Twitter and other social media sites that have been questioning the legality of wearing face masks, with some online geniuses saying that you shouldn’t wear face masks because you could be arrested for violating the law - which, of course, is not true.

"online geniuses" - love that!

 

[quincy]

"online geniuses" - love that!

I am curious how these people explain away Halloween. The police must be awfully busy on October 31 arresting trick-or-treaters.

 

[doucar]

I would be suspicious if someone over the age of 16 were wandering around wearing a mask, even on Hallowen.

 

[quincy]

I would be suspicious if someone over the age of 16 were wandering around wearing a mask, even on Hallowen.

Wearing a face mask during a pandemic? Surely you are not serious.

Although your suspicions are shared by others, suspicions such as yours are exactly why many African-Americans have said they are reluctant to wear face masks.

 

[adjusterjack]

"online geniuses" - love that!

Puts the moron in oxymoron.

 

[Zigner]

I would be suspicious if someone over the age of 16 were wandering around wearing a mask, even on Hallowen.

Darned those tall 14 year olds (or those short 18 year olds).
We get MANY older trick-or-treaters are our house on Halloween.

 

[quincy]

Darned those tall 14 year olds (or those short 18 year olds).
We get MANY older trick-or-treaters are our house on Halloween.

I remember reading somewhere once that Halloween costumes are made for and purchased by adults in a number equal to or greater than the number of costumes made for and purchased for children.

But the face masks in the original question, I am pretty sure, are the surgical style masks used to prevent the transmission of germs and to protect from getting the germs of others.

There is no law against wearing surgical masks if worn for an honest purpose. And, on the contrary, it can be against current orders in some states to NOT wear a face mask (subjecting a person to fines or arrest).