AG Yost: Student protesters could face felony charges because of 1953 Ohio anti-mask law
Sheridan HendrixIn a letter sent Monday to Ohio's public university presidents, Ohio Attorney General Dave Yost warned of an obscure law that could affect students who were arrested during recent on-campus protests.
"In our society, there are few more significant career-wreckers than a felony charge," Yost said in the letter. "I write to inform your student bodies of an Ohio law that, in the context of some behavior during the recent pro-Palestinian protests, could have that effect."
Ohio Revised Code 3761.12 makes it a felony to commit a crime with two or more people while wearing white caps, masks or other disguise. "Even a misdemeanor, such as trespass," Yost added.
More:Police confirm 36 arrested at Ohio State anti-Israel protest Thursday night
Wearing face masks at protests became commonplace during the COVID-19 pandemic and has remained a facet of many campus protests as students toe the line between "the desire for public protest and a fear of professional reprisals," according to a recent article by The Guardian.
The "anti-disguise" law, as Yost called it, is a fourth-degree felony punishable by six to 18 months in prison, up to $5,000 in fines and up to five years on community control.
Ohio's law went into effect on Oct. 1, 1953. Sixteen U.S. states have a form of anti-mask laws, some of which were ratified around the same time to prevent Ku Klux Klan rallies, whose members typically wore white hoods to conceal their identities.
Nineteen Ohio State students were arrested late last month during several on-campus pro-Palestine protests. Some of those students were wearing medical masks and other face coverings when they were arrested.
They were all charged with criminal trespassing, a fourth-degree misdemeanor punishable by up to 30 days in jail or a $250 fine.
Columbus City Attorney Zach Klein said last Wednesday that his office will evaluate the evidence in each individual case, including video evidence, to determine the best resolution.
Pete Shipley, a spokesperson for Klein's office, on Monday said charging decisions were made by OSU Police, as they were the arresting department, and questions regarding the decision-making on filed charges should be directed to that police department.
More:Columbus City Attorney says he's reviewing Ohio State arrest cases from April protests
Yost said that the punishment for fourth-degree felonies that could come from an anti-disguise law "is significantly greater than misdemeanors that typically follow minor infractions that accompany student protests."
"I do not wish to see anyone's First Amendment rights abridged, nor see anyone surprised that they violated the law," Yost said. "The First Amendment is a shield against the government, not a sword against fellow students."
Yost said it is likely that some Ohio students would be unaware of this law or "the risk of their conduct."
"You have the tools to fill in that gap," Yost said. "As the semester draws to a close, let's send the students home safely — and without surprise criminal records."
Sheridan Hendrix is a higher education reporter for The Columbus Dispatch. Sign up for Extra Credit, her education newsletter, here.
@sheridan120