Feldman says the new order does not suspend Penal Law § 240.35(4), which has been in existence since 1845. People trying to follow the executive order may find themselves engaging in criminal behavior. Here's Feldman:
"As of 8pm tonight, wearing a mask in public places around other people who are also wearing masks is both forbidden and required by New York law. I'm sure the police will enforce these contradictory mandates in a completely rational & nondiscriminatory fashion."
Here's the law that's still on the books while the governor is mandating mask-wearing:
"Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place; except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities…"
Yep, this is going to be a major issue in New York as Andy Cuomo's mask order conflicts with a anti-mask law that's been in place in the state since the 19th century (1845).New York's Governor Hands Down A Mask Mandate While The State's Anti-Mask Law Remains On The Books