Masks illegal in W. Va

"nitespark" <nitespark@cox.net> wrote in message
news:2Yple.1572$rb6.1301@lakeread07...

> Virginia has a similar statute. However, under the provisions, I think a
> dive mask is OK.

> traditional holiday costumes; (ii) engaged in professions, trades,
> employment or other activities and wearing protective masks which are
> deemed necessary for the physical safety of the wearer or other persons;

You have this exception which covers "other activities" but that would
require that a mask be deemed necessary for the physical safety of the
wearer or other persons and we all know that ain't true.

> (iii) engaged in any bona fide theatrical production or masquerade ball;

I suppose you could proclaim that your beach dives are really performance
art. What is required to be "bona fide"?

> or (iv) wearing a mask, hood or other device for bona fide medical reasons
> upon the advice of a licensed physician or osteopath and carrying on his
> person an affidavit from the physician or osteopath specifying the medical
> necessity for wearing the device and the date on which the wearing of the
> device will no longer be necessary and providing a brief description of
> the device.

This seems the best solution for law-abiding divers. Get your doctor to
write you a prescription specifying that it's medically necessary for you to
wear a mask while underwater (and for Jim Greenlee, until he's back at the
dock), including that it will no longer be necessary to wear the mask upon
the wearer's death.

The violation of any
> provisions of this section shall constitute a Class 6 felony.

> I have never met a liberal street cop.

You seem pretty liberal to me if you're ignoring all the petty felons around
you wearing dive masks. If you really were a tough-on-crime conservative
cop, you'd be down at the beach right now busting heads of all the divers
that dare emerge from the water onto a public beach while wearing their
masks. If we had a law like that in California it would really be tough
down at Laguna Beach as the deputized lifeguards would cite divers for
wearing masks but not wearing snorkels.

It seems that those, like me, who advise doffing one's mask at the surface
when it's no longer needed are not only practical but also law-abiding.

Greg Mossman wrote:
> http://story.news.yahoo.com/news?tmp...rinch_arrested
>
> "Smith said wearing a mask or hood in public is a misdemeanor under state
> law, punishable by a fine of up to $500 or up to a year in jail, or both.
> Children up to 16 years old can wear masks. Traditional Halloween masks,
> safety gear used in occupations, theatrical productions, civil defense or
> protection from bad weather also are legal."
>
> Talk about backwards. They make sure it's OK to carry guns in public, just
> not to wear a mask because some mask wearers might be criminals.
>
> But that's not my point. My on-topic reason for posting this is that I
> wondered whether the relevant statute pertains to wearing diving masks as
> well. I tracked down the law:
>
> West Virginia Code
> §61-6-22. Wearing masks, hoods or face coverings.
> (a) Except as otherwise provided in this section, no person, whether in a
> motor vehicle or otherwise, while wearing any mask, hood or device whereby
> any portion of the face is so covered as to conceal the identity of the
> wearer, may:
> (1) Come into or appear upon any walk, alley, street, road, highway or other
> thoroughfare dedicated to public use;
> (2) Come into or appear in any trading area, concourse, waiting room, lobby
> or foyer open to, used by or frequented by the general public;
> (3) Come into or appear upon or within any of the grounds or buildings
> owned, leased, maintained or operated by the state or any political
> subdivision thereof;
> (4) Ask, request, or demand entrance or admission to the premises,
> enclosure, dwelling or place of business of any other person within this
> state; or
> (5) Attend or participate in any meeting upon private property of another
> unless written permission for such meeting has first been obtained from the
> owner or occupant thereof.
> (b) The provisions of this section do not apply to any person:
> (1) Under sixteen years of age;
> (2) Wearing a traditional holiday costume;
> (3) Engaged in a trade or employment where a mask, hood or device is worn
> for the purpose of ensuring the physical safety of the wearer;
> (4) Using a mask, hood or device in theatrical productions, including use in
> mardi gras celebrations or similar masquerade balls;
> (5) Wearing a mask, hood or device prescribed for civil defense drills,
> exercises or emergencies; or
> (6) Wearing a mask, hood or device for the sole purpose of protection from
> the elements or while participating in a winter sport.
> (c) Any person who violates any provision of this section is guilty of a
> misdemeanor, and, upon conviction thereof, shall be fined not more than five
> hundred dollars or imprisoned in the county jail not more than one year, or
> both fined and imprisoned.
>
>
> That's pretty serious. The big questions are:
>
> (a) Does the mask cover any portion of the face so as to conceal the
> identity of the wearer?
>
> ANSWER: Personally, I can only identify people underwater by their gear.
> All faces look alike to me underwater. I've gone over to kiss my wife
> during a dive once and found I was puckering up to a hairy old man.
> Certainly a diving mask conceals the identity of the wearer, at least in
> part and even on land.
>
> (b) Does diving fall under the sports/elements exception in subparagraph
> (b)(6)?
>
> ANSWER: Probably not. Diving is not considered a winter sport anywhere in
> the U.S. except California and Florida. I think it might even snow
> occasionally in W. Va. Also, while part of the reason why one wears a dive
> mask is to "protect from the elements", it's not the sole reason or even the
> most important reason which IMO is to enhance vision underwater.
>
> Therefore, after undertaking considerable study of the law in question, my
> learned opinion is that it may be illegal to wear a dive mask in public in
> W. Va. This precludes driving while wearing a mask, walking down the street
> wearing a mask, demanding entrance to your local dive shop while wearing a
> mask, attending a dive club meeting wearing a mask without written
> permission, or possibly even swimming in a municipal swimming pool while
> wearing a mask. The latter is perhaps the only reason why one would be
> wearing a mask in public, but I don't believe that the government should
> have the right to deny we divers the right to wear our masks whenever and
> whereever we please as a form of free speech. If you agree, please write
> your local W. Va congressmen and complain.

Virginia has a similar statute. However, under the provisions, I think
a dive mask is OK.

I think the genisis of the law was from the KKK, however, it certainly
has applicability to someone in preparation of committing a robbery or
some other crime with the intent of concealing their facial features.

Note that it is a Class 6 Felony (lowest class felony).

I have never had occasion to charge someone with that crime, but I have
confronted a few folks, especially around Halloween season and
enlightened them as to what is appropriate and what isn't.

§ 18.2-422. Prohibition of wearing of masks in certain places; exceptions.

It shall be unlawful for any person over sixteen years of age while
wearing any mask, hood or other device whereby a substantial portion of
the face is hidden or covered so as to conceal the identity of the
wearer, to be or appear in any public place, or upon any private
property in this Commonwealth without first having obtained from the
owner or tenant thereof consent to do so in writing. However, the
provisions of this section shall not apply to persons (i) wearing
traditional holiday costumes; (ii) engaged in professions, trades,
employment or other activities and wearing protective masks which are
deemed necessary for the physical safety of the wearer or other persons;
(iii) engaged in any bona fide theatrical production or masquerade ball;
or (iv) wearing a mask, hood or other device for bona fide medical
reasons upon the advice of a licensed physician or osteopath and
carrying on his person an affidavit from the physician or osteopath
specifying the medical necessity for wearing the device and the date on
which the wearing of the device will no longer be necessary and
providing a brief description of the device. The violation of any
provisions of this section shall constitute a Class 6 felony.

(Code 1950, §§ 18.1-364, 18.1-367; 1960, c. 358; 1975, cc. 14, 15; 1986,
c. 19.)




>
>

--
I have never met a liberal street cop.

http://story.news.yahoo.com/news?tmp...rinch_arrested

"Smith said wearing a mask or hood in public is a misdemeanor under state
law, punishable by a fine of up to $500 or up to a year in jail, or both.
Children up to 16 years old can wear masks. Traditional Halloween masks,
safety gear used in occupations, theatrical productions, civil defense or
protection from bad weather also are legal."

Talk about backwards. They make sure it's OK to carry guns in public, just
not to wear a mask because some mask wearers might be criminals.

But that's not my point. My on-topic reason for posting this is that I
wondered whether the relevant statute pertains to wearing diving masks as
well. I tracked down the law:

West Virginia Code
§61-6-22. Wearing masks, hoods or face coverings.
(a) Except as otherwise provided in this section, no person, whether in a
motor vehicle or otherwise, while wearing any mask, hood or device whereby
any portion of the face is so covered as to conceal the identity of the
wearer, may:
(1) Come into or appear upon any walk, alley, street, road, highway or other
thoroughfare dedicated to public use;
(2) Come into or appear in any trading area, concourse, waiting room, lobby
or foyer open to, used by or frequented by the general public;
(3) Come into or appear upon or within any of the grounds or buildings
owned, leased, maintained or operated by the state or any political
subdivision thereof;
(4) Ask, request, or demand entrance or admission to the premises,
enclosure, dwelling or place of business of any other person within this
state; or
(5) Attend or participate in any meeting upon private property of another
unless written permission for such meeting has first been obtained from the
owner or occupant thereof.
(b) The provisions of this section do not apply to any person:
(1) Under sixteen years of age;
(2) Wearing a traditional holiday costume;
(3) Engaged in a trade or employment where a mask, hood or device is worn
for the purpose of ensuring the physical safety of the wearer;
(4) Using a mask, hood or device in theatrical productions, including use in
mardi gras celebrations or similar masquerade balls;
(5) Wearing a mask, hood or device prescribed for civil defense drills,
exercises or emergencies; or
(6) Wearing a mask, hood or device for the sole purpose of protection from
the elements or while participating in a winter sport.
(c) Any person who violates any provision of this section is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more than five
hundred dollars or imprisoned in the county jail not more than one year, or
both fined and imprisoned.


That's pretty serious. The big questions are:

(a) Does the mask cover any portion of the face so as to conceal the
identity of the wearer?

ANSWER: Personally, I can only identify people underwater by their gear.
All faces look alike to me underwater. I've gone over to kiss my wife
during a dive once and found I was puckering up to a hairy old man.
Certainly a diving mask conceals the identity of the wearer, at least in
part and even on land.

(b) Does diving fall under the sports/elements exception in subparagraph
(b)(6)?

ANSWER: Probably not. Diving is not considered a winter sport anywhere in
the U.S. except California and Florida. I think it might even snow
occasionally in W. Va. Also, while part of the reason why one wears a dive
mask is to "protect from the elements", it's not the sole reason or even the
most important reason which IMO is to enhance vision underwater.

Therefore, after undertaking considerable study of the law in question, my
learned opinion is that it may be illegal to wear a dive mask in public in
W. Va. This precludes driving while wearing a mask, walking down the street
wearing a mask, demanding entrance to your local dive shop while wearing a
mask, attending a dive club meeting wearing a mask without written
permission, or possibly even swimming in a municipal swimming pool while
wearing a mask. The latter is perhaps the only reason why one would be
wearing a mask in public, but I don't believe that the government should
have the right to deny we divers the right to wear our masks whenever and
whereever we please as a form of free speech. If you agree, please write
your local W. Va congressmen and complain.

Greg Mossman wrote:

> "nitespark" <nitespark@cox.net> wrote in message
> news:2Yple.1572$rb6.1301@lakeread07...
>
>
>>Virginia has a similar statute. However, under the provisions, I think a
>>dive mask is OK.
>
>
>>traditional holiday costumes; (ii) engaged in professions, trades,
>>employment or other activities and wearing protective masks which are
>>deemed necessary for the physical safety of the wearer or other persons;
>
>
> You have this exception which covers "other activities" but that would
> require that a mask be deemed necessary for the physical safety of the
> wearer or other persons and we all know that ain't true.

I consider my mask essential to my safety when I am diving.

>
>
>>(iii) engaged in any bona fide theatrical production or masquerade ball;
>
>
> I suppose you could proclaim that your beach dives are really performance
> art. What is required to be "bona fide"?

I do not wear my dive mask on shore until I am ready to enter the water,
at which time it is an essential piece of my safety equipment.

>
>
>>or (iv) wearing a mask, hood or other device for bona fide medical reasons
>>upon the advice of a licensed physician or osteopath and carrying on his
>>person an affidavit from the physician or osteopath specifying the medical
>>necessity for wearing the device and the date on which the wearing of the
>>device will no longer be necessary and providing a brief description of
>>the device.
>
>
> This seems the best solution for law-abiding divers. Get your doctor to
> write you a prescription specifying that it's medically necessary for you to
> wear a mask while underwater (and for Jim Greenlee, until he's back at the
> dock), including that it will no longer be necessary to wear the mask upon
> the wearer's death.
>
> The violation of any
>
>>provisions of this section shall constitute a Class 6 felony.
>
>
>>I have never met a liberal street cop.
>
>
> You seem pretty liberal to me if you're ignoring all the petty felons around
> you wearing dive masks. If you really were a tough-on-crime conservative
> cop, you'd be down at the beach right now busting heads of all the divers
> that dare emerge from the water onto a public beach while wearing their
> masks. If we had a law like that in California it would really be tough
> down at Laguna Beach as the deputized lifeguards would cite divers for
> wearing masks but not wearing snorkels.

Sheesh....calling me a liberal. Damn!
I merely call it "officer discretion". Had a college professor once
that said, "A police officer makes more decisions in a week, than an
judge does in a month".



--
I have never met a liberal street cop.

"nitespark" <nitespark@cox.net> wrote in message
news:Aerle.1595$rb6.418@lakeread07...

> Sheesh....calling me a liberal. Damn!
> I merely call it "officer discretion". Had a college professor once
> that said, "A police officer makes more decisions in a week, than an
> judge does in a month".

Do you guys have a law for litterbags?

"Scott" <pugetsounddiver@gmail.com> wrote in message
news:Qsrle.61$eo5.1811@news.uswest.net...

>> Sheesh....calling me a liberal. Damn!
>> I merely call it "officer discretion". Had a college professor once
>> that said, "A police officer makes more decisions in a week, than an
>> judge does in a month".
>
> Do you guys have a law for litterbags?

As liberal as I am, I think that peculiar Washington State law is more "feel
good" than practical. It's a shame so many "people" think nothing of
disposing of their trash out the window. I believe the U.S. resembles
third-world countries most not in the number of our homeless or our
government policies of torture and indefinite confinement without trial, but
in the litter that lines some of our most beautiful highways. Were it not
for the legions of drunk-driving and pot-possessing "criminals" we punish by
making them pick up trash, it would be an even sorrier sight. The only good
that the War on Drugs has brought us is slightly cleaner highways but it
sure hasn't gone far enough.

Perhaps a better solution would be to make the offender eat whatever trash
was tossed out his or her window.

Even worse than litter is shit falling off drivers' trucks while you're
speeding 75 mph down the freeway. That's not only an eyesore, but
responsible for killing plenty of people and causing all sorts of lesser
mayhem. Melanie's car was speared by a piece of rebar or something that was
flipped up by another car in front of her and missed her by inches. Just
yesterday I had to break to avoid a large board that flew off the back of an
overloaded unsecured pickup. What's the world coming to?

"nitespark" <nitespark@cox.net> wrote in message
news:Aerle.1595$rb6.418@lakeread07...

>> You have this exception which covers "other activities" but that would
>> require that a mask be deemed necessary for the physical safety of the
>> wearer or other persons and we all know that ain't true.
>
> I consider my mask essential to my safety when I am diving.

Essential? Please tell me how your life would truly be endangered if you
lost your mask. The only reason I can come up with is reading your gauges.
A mask facilitates that, but I know personally that I can see it well enough
underwater if I hold it close that I couldn't possibly claim to the
arresting officer that is was essential to my safety without feeling guilty
about obstructing justice.

>> I suppose you could proclaim that your beach dives are really performance
>> art. What is required to be "bona fide"?

> I do not wear my dive mask on shore until I am ready to enter the water,
> at which time it is an essential piece of my safety equipment.

But if you wanted to wear it on shore, make sure you at least piroutte
across the sand while whistling "Dixie".

> Sheesh....calling me a liberal. Damn!

Fighting words, I know. Fortunately I know that you're professional enough
not to shoot me on sight the next time you see me, even if I am wearing a
mask.

> I merely call it "officer discretion". Had a college professor once that
> said, "A police officer makes more decisions in a week, than an judge does
> in a month".

I know what you mean: jelly-filled, chocolate iced, or bear claw? What a
conundrum.

Greg Mossman wrote:

Just
> yesterday I had to break to avoid a large board that flew off the back of an
> overloaded unsecured pickup. What's the world coming to?
>

Probably driven by an unlicensed illegal alien...


--

My diesel truck has been modified to run on an environmentally friendly
mixture of clean burning Caribou fat and whale oil.

Looking for a good fight is not the same as finding one worth having...

"dazed and confuzzed" <dedmann@comcast.net> wrote in message
news:8smdnYTs7uJKzgvfRVn-3Q@comcast.com...

> Probably driven by an unlicensed illegal alien...

You forgot uninshured.

Greg Mossman wrote:

<snips>

> Even worse than litter is shit falling off drivers' trucks while you're
> speeding 75 mph down the freeway. That's not only an eyesore, but
> responsible for killing plenty of people and causing all sorts of lesser
> mayhem. Melanie's car was speared by a piece of rebar or something that was
> flipped up by another car in front of her and missed her by inches. Just
> yesterday I had to break to avoid a large board that flew off the back of an
> overloaded unsecured pickup. What's the world coming to?

My personal record is a cement mixer which fell off a contractors truck
in front of me... needed a considerable swerve. Driver never noticed it
was gone. Road was too dangerous for me to stop and pick it up - don't
know what kind of shape it would have been in anyway...

Mike