The North Charleston Police Department (NCPD) is reminding the public about the legality of wearing a mask in public due to the increase of individuals seen wearing ski masks and "Pooh Sheisty" style masks as a fashion trend.  State Statute 16-7-110 subsection (A) of the South Carolina Code states:

(A)   No person over sixteen years of age shall appear or enter upon any lane, walk, alley, street, road, public way or highway of this State or upon the public property of the State or of any municipality or county in this State while wearing a mask or other device which conceals his identity. Nor shall any such person demand entrance or admission to or enter upon the premises or into the enclosure or house of any other person while wearing a mask or device which conceals his identity. Nor shall any such person, while wearing a mask or device which conceals his identity, participate in any meeting or demonstration upon the private property of another unless he shall have first obtained the written permission of the owner and the occupant of such property.

Violations of this law are considered a Class C Misdemeanor, with the penalty being a fine of not more than $500 or imprisonment for not more than one year.  Subsection (B) states:

(B)   Notwithstanding another provision of law, the prohibition on masks pursuant to subsection (A) does not apply during an active pandemic or epidemic in this State, or during an active and lawfully declared state of emergency in this State.

Back on June 7th of 2021, Governor Henry McMaster announced that South Carolina will no longer be under an emergency executive order related to the COVID-19 pandemic.  There is no longer a pandemic, there is no state of emergency, there is no reason to wear a mask in public of any kind unless it falls under the exemptions mentioned in Section 16-7-130:

1. Persons wearing holiday costumes.

2. Persons wearing masks in trade for physical safety (example: working certain construction sites).

3. Persons in theatrical productions or masquerade balls.

4. Persons engaged in civil defense drills or in emergencies.

As the Lowcountry experiences colder temperatures during the fall and winter seasons, it's reasonable for people to wear masks to stay warm. Although freezing temperatures typically occur at night, officers will use their discretion when approaching individuals wearing masks under these rare circumstances.

The law says, "No person over the sixteen years of age," which could lead some youth to believe they are free to cover their faces without ramifications.  But when you wear a mask, there is often no way to tell how old you actually are.  Calls for police may sometimes involve residents and business owners reporting people they deem to be suspicious.  It's essential to remember that law enforcement officers may still approach and interact with masked individuals, especially if they match the description of a suspect or appear suspicious.  In such cases, officers will lawfully detain the individual to conduct an investigation, which may involve handcuffing them until the investigation is complete. It's crucial to understand that during a lawful detention, individuals are NOT free to leave the scene.

The solution: if you are over the age of 16, do not wear a mask in public.  It is illegal.  If you are 16 years of age or younger and you do not wish to be bothered by law enforcement, do not wear a mask in public.  Thanks for doing your part to keep our community safe, aware, and looking out for one another.

Remember, wearing a mask does not guarantee anonymity, and officers will take necessary steps to ensure public safety.