Texas lawmakers consider 'mask ban' for protesters

AUSTIN, Texas - Texas law enforcement met with lawmakers in Austin. They want a law to combat protesters who commit crimes and wear masks to conceal their identities.

This comes after several protests held on the UT Austin campus this year left deputies searching for more than a dozen masked protesters they say committed crimes during the demonstrations.

"These events that are mostly peaceful range from smaller events with a few people to a few dozen people to larger events like this summer’s protest on the UT campus, which at times drew more than 500 participants. Also, in which the organizers openly directed protesters to bring masks to very large events such as last November’s event here at the capital, which drew over 15,000 participants," said Department of Public Safety Major Ralph Ohland.

Major Ralph Ohland with the Texas Department of Public Safety says a common theme among protesters is no face, no case. There are also crimes committed while masked, including traditional offenses.

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"Such as fraud, burglary, theft and robbery as well as offenses encountered during protest such as criminal mischief, assault and interference with public duties," says Major Ralph Ohland.

He says many of those arrested at the protest on UT Austin’s campus were wearing masks and deputies are still searching for 16 protesters that had their identities concealed.

"We have six offenses of assault of a peace officer, five charges of interference with public duties, and one attempt to take a weapon from a peace officer and numerous charges for criminal mischief, vandalism, and assault. During the protest, law enforcement encounter individuals because they are masked and are emboldened to act in a more deviant and criminal nature outside normal behavior," says Major Ralph Ohland.

During the meeting there were concerns about blurred lines when it comes to wearing a mask in public.

"If he were to walk into this room and your ideal legislation were in place and half the people were wearing masks, how would he proceed under your law?" says Texas senator, Judith Zaffirini.

"I think he could ascertain that the people congregating here are not congregating for any of those purposes. This is a very specific type of gathering, and it is not a demonstration, they are not committing criminal activity," says Director of Policing and Public Safety at the Manhattan Institute, Hannah Myers.

"So, it would be subjective?" says Zaffirini.

"We use the totality of the circumstances, if you will, whereas that is completely different from a person that may be acting in a certain way that is suspicious," says Myers.

Law enforcement officials say if the legislation is passed, the violation could be a misdemeanor or used as an enhancement to another crime.

Lawmakers could craft this bill in the spring.