Wearing a mask in public got 4 ‘No Kings’ protesters arrested, 2 jailed. What’s the law?
Four people were arrested at Beaufort County’s “No Kings” rallies last Saturday — all for wearing face coverings.
Under South Carolina law, no person over the age of 16 may appear in a public setting while wearing a mask or device that conceals their identity. This includes surgical masks, which became widespread during the COVID-19 pandemic.
The arrests sparked confusion among demonstrators and those arrested — including a California resident at the rallies who said mask-wearing is common at protests in his home state. It also raised questions about the law and its modern-day enforcement. While all four were charged under the same statute, only two were released at the scene; the other two were transported to the Beaufort County Detention Center.
The different outcomes were due to officer discretion and the involvement of different deputies at the two protest locations, said Lt. Daniel Allen, the Beaufort County Sheriff’s Office spokesperson.
The first arrests occurred during the morning rally on Hilton Head Island. One person, protesters say, wore a Guy Fawkes mask — a symbol often associated with resistance to authority — and the other a green bandana, according to a police report. Both were released from the detention center the next day after appearing in bond court.
Two more people were arrested at the afternoon protest in Bluffton. They were cited and released on the spot. One had been wearing a black surgical mask, and the other a gaiter-style mask, according to photos.
Brian Crane, a California resident, attended both the Hilton Head and Bluffton protests wearing a surgical mask. He said he traveled to Beaufort County from California for Father’s Day and decided to attend the rallies to show solidarity and deliver the message that the country does not belong to kings.
“In America, power belongs to the people,” his sign read.
He was arrested during the Bluffton protest but said he had no issues with police during the Hilton Head demonstration.
“One thing that stands out to me has always been the spirit of the law versus the letter of the law,” said Crane, referencing his college fraternity, Delta Chi, which he said emphasized law and justice.
“You might be able to argue that I violated the letter of the law by wearing a surgical face mask, he added. “But I would very much argue that the spirit of the law was meant to unmask overt racists — it was meant to help civil rights, not suppress them.”
Law dates back to early 1960’s
The South Carolina law prohibiting identity-concealing masks was passed in 1962 to deter members of the Ku Klux Klan from hiding their identities during acts of intimidation and violence.
Crane wore the mask for both privacy and public health reasons, he said — citing concerns for his own well-being and for vulnerable populations.
In 2020, at the height of the COVID-19 pandemic, South Carolina Attorney General Alan Wilson wrote in a public statement that the statute was not applicable when individuals were complying with health ordinances requiring masks.
“...The wearer is not attempting to conceal their identity but to comply with a city health ordinance,” he wrote at the time.
For those with health conditions who still wish to attend protests while masked, the Beaufort County Sheriff’s Office said its position is to enforce the law as written.
Crane described his arrest as sudden and without much opportunity to ask questions or comply voluntarily.
“I could have been given a warning,” he said.
While Crane said the officers were generally respectful, he questioned what he saw as selective enforcement. On Reddit, he conducted a survey, asking others if they had heard of individuals arrested based on the mask law. Those who responded claimed that police did not bother individuals in surgical masks, he said.
Crane plans to find legal representation, as he does not have the means to return to South Carolina for his court date next month, he said. He also hopes to connect with the three other individuals who were arrested under the same statute to explore the possibility of joining legal forces or even pursuing a class-action case.
In 2022, an effort to amend the state’s mask law was introduced in the legislature. The proposed change would clarify that the law does not apply during an active pandemic, epidemic or a lawfully declared state of emergency. However, the bill remains stalled in the state Senate and has not been signed into law.
