ACLU to Help in G20 Mask Debate

After hearing from 28 speakers at a public hearing last week the Pittsburgh City Council Wednesday will debate a pair of bills that would limit the types of items a protester can wear or bring to the G20. One bill would make it illegal to carry items such as chains, PVC pipes and padlocks if the intent is to use the items to block roads and sidewalks or prevent police from making arrests or dispersing a crowd. The same bill makes it illegal to wear a gas mask if the intent is to thwart law enforcement crowd control efforts. Another bill would make it illegal to wear a mask if the intent of the wearer is to hide his or her identity from police.

Pennsylvania American Civil Liberties Union Legal Director Vic Walczak has been invited to provide advice to the council members during the debate. He says his first bit of advice to the council members will be to reject the anti-mask ordinance. He says it is “unnecessary and not warranted.” Walczak says, “It is clear beyond dispute that people in this country can engage in political dispute anonymously.” He says it is a tradition that dates back at least to the Boston tea party. Walczak says there is no question that a person throwing a Molotov cocktail or defacing private property should be arrested but there are many reasons why a person would want to hide their identity while protesting that have nothing to do with police. He says for example, what if the protester works for a bank or a law firm that may support the tenants of the G20 and fears reprisal if caught on a reporter’s camera. Waczak says in other cities where similar laws have been passed leading up to big events it has become an excuse for police to simply round up protesters. He says that has lead to a slew of first amendment and false arrest lawsuits.

The ACLU is less concerned about the second bill that bans several items. Walczak says, “There is no constitutional right to carry nails or pipes.” However, he does take exception to the gas mask ban. He says reporters may want to have a mask but are not trying to thwart police efforts. A person who has to work down town may want a mask for personal protection if their place of business is near a protest zone.