We, the undersigned, respectfully request that the NHC Board of Commissioners, NHC Board of Education, and Wilmington City Council adopt the following resolution for public safety at public meetings and on public property, which would clarify expectations for enforcement of an existing state statute that forbids individuals from concealing their identity on public property in North Carolina.

North Carolina General Statute §14-12.8 was passed in response to past KKK violence and remains in effect although individuals have routinely been allowed to disguise themselves at Board of Education meetings and on other public property, including the local libraries in direct violation. Given law enforcement's failure to enforce the law; we believe passage of this resolution is both necessary and imperative for the orderly, transparent, and safe conduct of public meetings in our county. We respectfully recognize that the COVID pandemic may have created confusion as to exemptions from enforcement of the statute. However in 2020, the law was clarified to exempt mask-wearing for public health reasons, but to still forbid wearing masks or other devices for the purpose of concealing one’s identity on public property. In view of the seeming confusion in local enforcement of the law, we believe adoption of this clarifying language is required to empower law enforcement to clearly and consistently enforce the law to protect public safety.

Thank you for signing. The following resolution and our signatures will be provided to all members of the New Hanover County Board of Commissioners, Board of Education, Wilmington Mayor Bill Saffo, Wilmington City Council, NHC Sheriff Ed McMahon, Wilmington Police Chief Donny Williams as well as the County Manager, County Clerk, City Clerk, and the NHC Sheriff’s Office Clerk.

RESOLUTION FOR PUBLIC SAFETY AT PUBLIC MEETINGS AND ON PUBLIC PROPERTY IN NEW HANOVER COUNTY

WHEREAS, North Carolina General Statute (NCGS) §14-12.8 prohibits the wearing of masks, hoods, or devices so as to conceal an individual’s identity on public property; reading “No person or persons shall in this State, while wearing any mask, hood or device whereby the person, face or voice is disguised so as to conceal the identity of the wearer, enter, or appear upon or within the public property of any municipality or county of the State, or the State of North Carolina (1953, c. 1193, s.7); and

WHEREAS, the statute was passed in response to KKK violence and enforcement of this statute is essential for both public safety and specifically the safety of our elected officials given recent threats and violence occurring at the federal, state, and local levels of government; and

WHEREAS, the COVID pandemic has created confusion in the enforcement of such statutes as mask mandates may be necessary to protect the public health; and

WHEREAS, the North Carolina General Assembly and Governor Roy Cooper clarified NCGS §14-12.8 in 2020 through passage of S.B.232 that mask-wearing for public health reasons is exempt, but wearing masks or other devices to conceal one’s identity remains in violation of state law;

NOW THEREFORE, BE IT RESOLVED IN NEW HANOVER COUNTY:

Our county agrees to protect public safety at public meetings through enforcement of NCGS §14-12.8, which would include meetings of the NHC Board of Commissioners, NHC Board of Education, and Wilmington City Council, as well as complying with the statute regarding individuals on any public property at any time; and

BE IT FURTHER RESOLVED that enforcement of NCGS§14-12.8 will be a routine part of security check-ins for public meetings occurring in New Hanover County; and

BE IT RESOLVED that the statute shall still be interpreted to specifically exclude individuals wearing masks over the lower half of their face in accordance with CDC recommendations for multilayer masks or respirators with a nose wire that fit tightly over the nose and mouth as indicated for health reasons; and

BE IT RESOLVED that enforcement will also exclude wearing of head coverings for religious purposes; and

BE IT FURTHER RESOLVED that the state statute shall be interpreted that any other concealment, other than masks worn for public health purposes, including scarves, hats, ski masks, hoods, bandanas or single-layer gaiters that do not protect against COVID as well as tinted or shaded eyewear shall be removed, as these items conceal the identity of the wearer which stands in violation of the statute; and

BE IT RESOLVED that law enforcement shall grant exceptions to this state law and resolution only when necessary to comply with superseding laws which may include updated state law or federal laws like the Americans With Disabilities Act; and

BE IT FURTHER RESOLVED that any individuals in violation of the above shall be denied entry to relevant public meetings and removed from public property until that which time they come into compliance with state law through the removal of any devices that conceal their identity.