Will Rogers once said…….”And the thing is about my jokes is, they don’t hurt anybody.  You can take ’em or leave ’em – you can say they’re funny or they’re terrible or they’re good, or whatever, but you can just pass ’em by.  But with Congress, every time they make a joke, it’s a law!  And every time they make a law, it’s a joke!”

If Will were alive today he would not have to travel all the way to Washington to find such things happening.  No Sir!  He would need look no further than his own State Capitol.  One of our state senators, chairman of the Senate Public Safety Committee no less, has introduced a bill that proposes to amend a nine decade old law.  In an example of the enemy of good being better, Senator Don Barrington of Lawton authored the proposed amendment to help victims of robberies.  According to Senator Barrington,  “The intent of Senate Bill 13 is to make businesses and public places safer by ensuring that people cannot conceal their identities for the purpose of crime or harassment…..Similar language has been in Oklahoma Statutes for decades and numerous other states have similar laws in place.  Oklahoma businesses want state leaders to be responsive to their safety concerns and this is one way we can provide protection.”  Indeed, the language has been in the OS for decades.  It was originally aimed at certain hate group that wore hoods and face covers while engaging in criminal mayhem.  The law as it is currently written reads as thus:

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§21-1301. Masks and hoods – Unlawful wearing of – Exceptions.

It shall be unlawful for any person in this state to wear a mask, hood or covering, which conceals the identity of the wearer during the commission of a crime or for the purpose of coercion, intimidation or harassment; provided, the provisions of Section 1301 et seq. of this title shall not apply to the pranks of children on Halloween, to those going to, or from, or participating in masquerade parties, to those participating in any public parade or exhibition of an educational, religious or historical character, to those participating in any meeting of any organization within any building or enclosure wholly within and under the control of said organization, and to those participating in the parades or exhibitions of minstrel troupes, circuses or other amusements or dramatic shows. Any person, or persons, violating the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period of not exceeding one (1) year, or by both such fine and imprisonment.

Added by Laws 1923-24, c. 2, p. 2, § 1. Amended by Laws 2007, c. 344, § 1, eff. July 1, 2007.

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Whereas it remains to be demonstrated how the proposed amendment would improve upon the existing law by making businesses and public places safer from individuals with criminal intent,  there will likely be unintended consequences of it effecting those without criminal intent.  This proposed amendment toes the line of what is reasonable and leaves the discretion of who is unlawfully disguising themselves open for interpretation.  Our police officers already have the burden of making snap decisions under pressure and adding this one makes you wonder what could possibly go wrong.  It is my hope this bill goes back to committee and dies there but sadly more useless legislation has made it through in recent years so seeing this pass would be no surprise.  Still, is banning a popular clothing item a realistic approach to reigning in crime?  If this bill passes we will be among the first states to find out.