Would banning ski masks reduce crime? Law professor, local officials weigh in

Banning ski masks to address public safety

Should police be doing more to stop people from wearing ski masks, especially this time of year? FOX 5's David Kaplan asked law enforcement officials that question given where we are in the pandemic, and that many photos police are sharing of suspects involve people wearing ski masks.

Ski masks (also known as a sheisty or balaclava) are a popular accessory for criminals. FOX 5 has covered countless cases where suspects are caught on surveillance cameras wearing them – even in warm weather – as they commit crimes. The disguise makes it increasingly difficult for authorities to identify who's behind the mask.

Transit police in Southeastern Pennsylvania banned the head coverings from all buses, trains, and stations last week, but are local public safety officials considering changing how they police people wearing ski masks as summer approaches?

Prince George’s County’s Police Chief Malik Aziz indicated that it’s an issue, but directly policing it isn’t constitutional.

"You cannot simply use that as some type of probable cause to make some kind of stop that is more than a legal detention," he said. "We have to have other factors that are involved in that, unfortunately."

When FOX 5 asked D.C. Mayor Muriel Bowser about the head coverings, she deferred to police but added people wearing ski masks this time of year does stand out to her.

"It’s certainly odd, especially on a day like today. But I’m not prepared to say that we should change our posture in any way," Bowser said. "I would look to the police department to make any recommendations."

D.C. used to have a prohibition on masks for nearly 30 years, but it was just overturned about a month ago.

Kristin Henning is a Georgetown Law professor and criminal justice reformer who used to defend kids prosecuted under the old D.C. law. She believes policing based on a ski mask or face covering without addressing the root causes of crime is wrong.

"This is a really dangerous proposition," Henning said. "It’s got racial implications. It’s got religious and medical implications. It’s got constitutional implications. I would argue that it’s constitutionally unsound. It criminalizes normal, adolescent fads and trends, but does so really in ways that are racially biased."

In a statement to FOX 5, a spokesperson for the Washington Metropolitan Area Transit Authority said WMATA does not have a ski mask ban, "nor is one being considered."

FOX 5 has reached out to D.C. police on the matter, and we have not heard back at this time.