LOUISVILLE, Ky. (WDRB) -- There are now dueling proposals on how to update Louisville's mask ordinance that dates backs to the 1980s.

Councilwoman Paula McCraney, D-7, has filed an ordinance to do update the ban on masks in public places in Jefferson County.

"My ordinance suggests that it's okay to wear a mask, especially since the 2020 COVID-19 pandemic made it more prevalent for people to wear a mask," McCraney said Wednesday. "So it's OK to wear a mask, but it's unlawful to wear a mask if your intent is to cover up your face for identification in the commission of a crime."

McCraney said her ordinance allows anyone to wear a mask in public and it would be allowed. Consequences would only happen if the person wearing a mask engaged in criminal behavior. 

"You have to be in the commission of a crime or suspected of committing a crime, then you can be stopped, and if you're wearing that mask while you're being either arrested or you're trying to run from being an arrest, you know, being arrested, you can be fined up to $500 and a year in jail," she said.

Mayor Craig Greenberg's office has previously said someone will not be stopped for simply wearing a mask. Police will look at the totality of the circumstances and must have a reason for stopping someone.

Greenberg made a push to reinforce the 40-year-old mask ordinance, enacted in 1983, on Oct. 1. 

Louisville Metro Police Chief Paul Humphrey said the return of the decades-old mask mandate is in direct response to violent crime reaching unprecedented levels as police look to use any tool possible to prevent crime.

The ordinance says no person shall, while wearing any mask whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, enter, be or appear in any public place within Jefferson County.

In response to Greenberg's revival of the ban on masks, last week, Councilwoman Tammy Hawkins, D-1, sponsored her own version of amendments to update the ordinance. 

Hawkins said the "issue is the rise of crime being felt among all of us because of the accessibility to easily conceal who they are. You want to know who's killing your kids, you want to know who's breaking in your homes, you want to know who's stealing your cars."

Based on feedback from the community, city leaders are suggesting the following amendments to the current ordinance: 

  • Protection of health and indoor masking wearing
  • Anyone 13 or younger or those over the age of 60
  • Religious reasons
  • Holidays, celebrations and situations where masks are commonly worn

McCraney said her proposed version would be easier to enforce.

"Why subject the LMPD officers, as busy as they are, to determine if someone is 13 years old, or if they're over 60 years old, or if they're wearing it for health reasons, that makes no sense," McCraney said. 

McCraney said she spoke to the chairs of the public safety committee, including Hawkins and Dan Seum, R-13,  about her proposal.

Hawkins did not respond to a request for comment.

A spokesperson for Greenberg's office said:

"We are reviewing the councilwoman’s proposed ordinance and we look forward to working with the Metro Council on new measures to prevent crime and improve public safety."

McCraney's proposal will have its first reading at Thursday's Metro Council meeting, and then move on to the Public Safety Committee.

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