[B]URLINGTON — The City Council rolled back restrictions on wearing masks in public Monday after the Vermont ACLU and a group that dresses up like cartoon animals raised constitutional questions about the ban.
The revised ordinance bans wearing masks only if they are being worn for illegal purposes or with the intent to threaten, intimidate or otherwise impinge on other peopleās civil rights.
The provision passed unanimously on a voice vote with all but Councilor Max Tracy, P-Ward 2, present. Tracy, a member of the Ordinance Committee, voted for the measure in committee.
A dozen or so members of Vermont Furs, a group that dresses up in cartoon animal costumes for entertainment, celebrated the revision, saying it will allow them to entertain the public in costume.
At last yearās Mardi Gras celebration, the group was told by a representative from Church Street Marketplace that they needed to leave and were breaking the law, according to members.
This year the group was able to celebrate Mardi Gras with other revelers after the mayor said police would not enforce the ban on masks during last weekendās celebration. The ban is 10 years old.
Ebullient after their council victory, members of the group said they plan to return to Church Street to perform when the new ordinance takes effect in a few weeks.
ACLU Vermont attorney Jay Diaz said he was happy for Vermont Furs, but still sees the cityās mask ordinance as problematic.
The rewritten law still allows police to detain someone wearing a mask based on an officer’s subjective interpretation of why the mask is being worn, Diaz said. That might include political expression, he said.
Diaz previously told councilors they should consider repealing the mask ban altogether. People have come to the ACLU with fears about political demonstrations in Burlington and ultimately decided not to protest because they fear they could be detained or arrested, he said.
Councilor Sara Giannoni, P-Ward 3, raised concerns about the law being selectively enforced. Councilor Selene Colburn, P-Eastern District said she was not convinced that having a mask ban on the books was necessary, but supported the measure because it was an improvement over the previous version.
Burlington Police Chief Brandon del Pozo said his officers will err on the side of freedom of expression when it comes to enforcement, but he defended the ban for instances where people are acting threateningly or are about to commit a crime.
Del Pozo said masks have been used during acts of violence at politically charged protests across the country. He cited a shooting at a Black Lives Matter protest last November in Minneapolis, where several protesters were injured and at least one of the attackers was wearing a mask.