In SAVANNAH, Ga., the “No Kings” protests that took place over the weekend in Savannah and Beaufort County remained peaceful, although a number of individuals were taken into custody for wearing masks during these events.
Since the protests began on Saturday, a video from the anti-Trump demonstration in Savannah has been widely shared across social media platforms. The footage captures the moment a woman is restrained with zip ties because she had on a face mask.
“I witnessed the whole thing. She was simply walking around the back of Thomas Square when a couple of officers approached her. I noticed she was wearing a medical mask,” said Corey Foreman, who recorded the video that has since gone viral. “She seemed really puzzled. The officer asked her to take the mask off, and she was questioning why.”
According to Georgia state law, wearing a mask in order to conceal one’s identity is a misdemeanor. However, there are several exceptions.
“They’ve carved out an exception, and that exception is that if you’re wearing a mask to facilitate a public health concern as directed by a public health authority or a doctor. So, I believe that some here have interpreted that to mean that that gives the right to the police to inquire whether someone has that authority granted to them by a medical provider,” Attorney for Tate Law Group Mark Tate said.
GA Code 16-11-38 states that a person is guilty of a misdemeanor when he or she:
- (1) Wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity;
- (2) Is upon:
- (A) Any public way or public property; or
- (B) The private property of another without the written permission of the owner or occupier of such private property to do so; and
- (3) Intends to conceal his or her identity.
The law also states, “No person shall be guilty of violating this code section by wearing a mask for the purpose of complying with the guidance of any health care agency or health care provider to prevent the spread of COVID-19 or other coronaviruses or influenza or other infectious diseases.”
However, there are no specifications for what qualifies as guidance from a medical professional or agency or if law enforcement is allowed to ask for proof of it.
“He asked her for medical documents, and I told him there’s nothing legally that requires her to give that to you,” Foreman, who is also the Chairman of the Bryan County Democratic Party, said. “From there, he pretty much just asked her, ‘are you going to take it off or not?’ her answer was no. So, he proceeded to detain her in zip cuffs and put her in the back of the car.”
The Savannah Police Department said the woman was released several minutes after being detained and never arrested.
“It doesn’t say in the statue you have to have a written doctor’s letter. It doesn’t say what level of proof should be acceptable, and it doesn’t define when an officer has probable cause to stop you and say why are you wearing a mask, and I think that’s going to have to be tested,” Tate said.
According to an SPD representative, after the woman was detained, incident commanders advised SPD officers working the protest that medical masks were permitted.
“The officer at first, she didn’t get thrown to the ground. There was no giant overreach. It’s just understanding rights and understanding the law fully,” Foreman said.
Still, a second protester in Savannah, Luvrio Wilkerson, was also arrested Saturday. He was charged with mask to conceal Identity and obstruction by fleeing.
Meanwhile, at Saturday’s protest on Hilton Head, two people were also arrested for wearing masks. One of them over the age of 80, according to arrest records.
South Carolina has an almost identical law to Georgia regarding wearing masks in public. However, there is no provision in the South Carolina law allowing someone to wear a face covering for medical reasons unless there is an active pandemic, epidemic, or lawfully declared state of emergency.
