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Notes -
I'm not sure how to bridge our different reading of the statute, but I don't agree with that summary at all. The text there [emphasis mine]:
This seems really clear to me that intent aside, the effect needs to be concealing the identity of the wearer. For example, the proverbial immunocompromised patient going to a hospital - we know they're not concealing their identity because their actions require the people they're interacting with to know who they are! It's true that determining whether someone's "face is disguised so as to conceal the identity of the wearer" requires some degree of interpretation on the part of police and prosecutors, but I think that's just an unavoidable part of criminal law. The change here isn't actually a change to the need for contextual interpretation, it's just removing health as a fully general exception.
If someone wanted to take the principled stance that you should just be allowed to conceal your identity, I think they could probably make a pretty reasonable case for that, but it would be a pretty different argument than what we see the legislators and newspapers running with.
I would agree that in my example that funny hats at the mall are now banned. What I wouldn't say is that funny hats were generally banned. You can wear your funny hat to a lot of places! You just can't do it at the mall anymore. In the mask case, people that have some actual medical reason and aren't concealing their identity shouldn't really bump into much of a problem. The one area of overlap that I could see this actually being a thing is someone that insists it's medical getting into a conflict with a business-owner that just hates masks and wants them to take their stupid mask off. In the hat analogy, I would think it was weird if someone was super pissed about the funny hat change when what they really don't like is the loitering rule at the mall.
I think a place is different than a purpose because it's a lot harder to disagree about a place. I mean, what is a mall? What if you're sitting in a tram wearing a funny hat and a cop says that the tram is actually a mall so you have to pay a fee? And what if a judge agrees? This scenario is not worrying because in this world sanity has clearly broken down. But replace the mall with "intent to conceal" and it starts looking a lot more plausible.
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