Loitering Statute

[mongo]

I retired quite a while ago and I'm sure a lot of laws have been repealed or changed in the last 20 years. What happened to the section of the Loitering Law that prohibited the wearing of a mask or disguise in public? Has that been repealed or is Cuomo ordering people to break the law?

[dantroop]

If Cuomo and other Democrat governors ignore the Constitution why would you expect him to know, or care, about the Penal Law?

[dinosaur32]

I believe that law contains a section limiting the number of people that can gather together while wearing masks. An individual would not violate the law.

[wireman]

Everyone here is or was OTJ, reference the PL.  240.35 sub 4 

PL 240.35
A person is guilty of loitering when he:
1. Repealed by L.2010, c. 232, § 1, eff. July 30, 2010 .
2. Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia;  or
3. Repealed by L.2010, c. 232, § 1, eff. July 30, 2010 .
4. Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place;  except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities;  or
5. Loiters or remains in or about school grounds, a college or university building or grounds or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law , or loiters, remains in or enters a school bus as defined in section one hundred forty-two of the vehicle and traffic law , not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same or loiters or remains in or about such children's overnight camp or summer day camp in violation of conspicuously posted rules or regulations governing entry and use thereof;  or
6. Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transactions involving the sale of merchandise or services, or for the purpose of entertaining persons by singing, dancing or playing any musical instrument;  or
7. Repealed by L.2010, c. 232, § 1, eff. July 30, 2010 .
Loitering is a violation.

[gman1811]

I don't see a religious exemption in that statute

[hapd]

Combat Information Center Watch Supervisor

parts were ruled unconstitutional some years ago. forget which ones.

[mongo]

Apr 17, 2020 15:10:51 GMT -5 gman1811 said:

I don't see a religious exemption in that statute

This is obviously covered by the "masquerade" exemption. It's a group of heavily armed, bearded men masquerading as innocent women.

[509thsfs]

The begging in public statute was amended.

[wireman]

Apr 17, 2020 15:31:26 GMT -5 mongo said:

Apr 17, 2020 15:10:51 GMT -5 gman1811 said:

I don't see a religious exemption in that statute

This is obviously covered by the "masquerade" exemption. It's a group of heavily armed, bearded men masquerading as innocent women.

Ney Mongo, At first glance, it looked like a bunch of beach umbrellas.  Most of the, Muslim women need the burka to cover their mustache.