By Cameron Gorman
Reporting for the Kent State-Ohio News Connection Collaboration

COLUMBUS, Ohio – Supporters of a new bill introduced in the Ohio House of Representatives want to more broadly criminalize the wearing of masks in public — a move which some see as encroaching on the rights of protesters.

Sponsored by Ohio state Reps. Bill Seitz, R-Cincinnati, and George F. Lang, R-West Chester, House Bill 423 would make it a crime to wear a mask with the intent of obstructing the law, the rights of others or a person’s “legal duty.”

The bill was born of concerns about violent confrontation between masked protesters and demonstrators.

“The sheriff of Butler County — a Sheriff Jones — approached me with this issue this summer in the wake of the Charlottesville fracas, and suggested that Ohio law could be strengthened to give law enforcement better tools to defuse potentially violent situations where you have the masked Ku Klux Klan marching in one direction and the masked Antifa group marching in the other direction, each bent on a confrontation,” Seitz said.

Butler County Sheriff Richard K. Jones said he approached Seitz after watching protests and “the disturbance that’s been going on.”

“I believe that it’s not good when people throw rocks and they assault people and you can’t film or take pictures of who they are,” Jones said. “So I asked, could we get some legislation introduced that would at least start with the masked people that come to these demonstrations.”

There is already an Ohio law that prohibits wearing a mask while committing a crime, similar to laws in other states, according to The New York Times.

Seitz says the law was originally made to combat the Ku Klux Klan.

But some people – including Lee Thompson, a Cleveland-based member of Refuse Fascism, a movement opposing the Trump presidency – see the bill as a tool against left-leaning activist groups.

“This is just one of many of these kinds of laws that are either being proposed or being passed that specifically are targeting people protesting this whole regime,” Thompson said.

Refuse Fascism is, according to its website, a “movement of people coming from diverse perspectives, united in our recognition that the Trump/Pence Regime poses a catastrophic danger to humanity and the planet, and that it is our responsibility to drive them from power through non-violent protests that grow every day until our demand is met.”

“I’ve never seen anybody in the Klan or Nazis or any of these fascists get arrested for wearing a mask,” Thompson said. “That’s just a lame, very well-used excuse. Who did they arrest?

“They arrest people who are progressive, who are on the left, who are fighting for something better than this … that we live under right now. That’s who gets arrested for this stuff, for real.”

Thompson mentioned a recent controversy related to violent protests — the press conference President Donald Trump held following the Charlottesville incident, in which he said “both sides” were to blame for the backlash.

Others, such as Rep. Bernadine Kennedy Kent, D-Columbus, a member of the House Criminal Justice Committee, say those who wear masks to protests may have legitimate reasons for doing so.

“For a number of reasons, people don’t want people to see their faces,” Kennedy Kent said. “I mean, maybe it’s a job they have, maybe they don’t want their mom or dad to see what they’re doing … maybe they don’t want the police to know their identity to be maybe put on a list or something.”

Kennedy Kent added she feels wearing a mask to a protest is “the right that they have.”

Another Democratic committee member, Rep. John Rogers, D-Mentor-on-the-Lake, added that it’s “very difficult to estimate what human behavior will be” when laws are changed.

“So, in this situation, what they’re suggesting is that if they were to enhance the penalty by virtue of the fact that somebody is wearing a mask, the idea is hopefully people don’t wear a mask when they commit a crime,” Rogers said. “Well, people who commit crimes don’t adhere to the law in the first place.”

According to Seitz, the bill’s goal is to prevent violence before it would have a chance to start, and is based on an established law in Massachusetts.

“A law on the books in Massachusetts, for a long time, going back to the time of the Kennedys, makes it a crime to wear a mask with the purpose of intimidating others into not conducting their lawful duties, preventing persons from exercising their constitutional rights, or obstructing official business,” Seitz said.

“And so, we are patterning this law exactly after the law that is in effect in Massachusetts. And that is what we are trying to accomplish, so that if there are masked demonstrators that have the purpose of doing any one of those three things, they can be arrested and detained and ultimately tried and convicted for the masked intimidation crime that this bill creates.”

Jones said he talked with others in law enforcement, including his employees and deputies, police chiefs and the Buckeye State Sheriffs’ Association — and came to the conclusion there wasn’t sufficient legislation to stop those with masks.

“I’ve seen other protests, where people cover their faces at peaceful protests that end up not being peaceful, and it’s usually the people with the mask or their face being covered that do the attacking, and we just needed some help from our state legislatures, which we received,” Jones said.

Specifically, the text of the bill criminalizes wearing a mask to, “obstruct the execution of the law,” to “intimidate, hinder, or interrupt a person in the performance of the person's legal duty,” or to “prevent a person from exercising the rights granted to them by the constitution or the laws of this state.”

Of course, the bill’s wording of “interruption” and “intimidation” could be interpreted in different ways — though Seitz maintains legislation such as ORC 2921.03 and ORC 2921.04 could clarify. Because of these laws on intimidation, however, questions are already being raised about the possible redundancy of this bill.

“There are other states that have done it, but not many; but we’ll be one of the few and I’m very proud of it. And in Ohio, if you want to wear a mask and come to a demonstration, you’ve basically committed a crime, I believe is the way it states,” Jones said.

If the bill becomes law, Ohio would join the ranks of states with broader anti-mask laws. It still has a long way to go, however, after its first hearing in the House Criminal Justice Committee on Dec. 12, where Seitz and Lang spoke as its sponsors.

“I’m going to be listening to, I’m sure, opponent and proponent testimony,” Kennedy Kent said. “But right now, I don’t see that being something that I would want to happen … they should be able to put on a mask if that’s what they choose to do. As long as they’re not committing a crime.”

Subsequent hearings are yet to be scheduled, according to Rogers. Until then, the proposal will live in legislative limbo.

“We’re certainly not able to compel people not to wear a mask, I mean if they want to wear a mask, they have the right, in my view, to wear a mask,” Seitz said. “I guess people have the right to do that. Certainly Batman wore a mask, and the Lone Ranger wore a mask. People wear masks for all kinds of reasons.

"But if you’re doing it for the purpose — and that’s the key word — for the purpose of preventing other people from exercising their constitutional rights, or obstructing official business, or intimidating others into not exercising their lawful duties, then it should be a crime, and that’s what we’re trying to do.”

This collaboration is produced in association with Media in the Public Interest and funded by the George Gund Foundation.


get more stories like this via email

A coalition of South Dakota groups is voicing its opposition to a ballot measure intended to end a state sales tax on consumables.

If passed this November, Initiated Measure 28 would repeal the state's 4.2% sales tax on "anything sold for human consumption," including food and other products from toothpaste to tobacco, CBD and vaping products.

Sandra Waltman, director of public affairs for the South Dakota Education Association, said the teachers union opposes the repeal because it does not include a plan to replace the money the current tax contributes to education.

"Our main reason for opposing this is the lack of a plan for replacing the $176 million and what that will do, not only for K-12 students but for higher education," Waltman explained. "Districts would probably be looking at a very bare-bones budget."

Currently, Waltman said about 60% of public school funding comes from state coffers, and the other 40% from local property taxes. She called the potential effect on education "drastic," saying they could lead to fewer teachers, larger class sizes and cuts to newer resources like mental health support and programs for career and technical education.

Proponents of the measure said repealing the tax could help the nearly 9% of South Dakotans who are food insecure but Waltman countered the same people would likely feel the effects of underfunded school systems.

"To repeal one tax without a more broad conversation about how you replace that revenue is shortsighted, and we think you shouldn't just be repealing a tax without a plan."

Other groups opposing the measure include the South Dakota Cattlemen's Association, Chamber of Commerce and Industry, South Dakotans Against a State Income Tax and the South Dakota Farm Bureau.

North Dakota officials will highlight a new project today to boost childcare access for parents with nontraditional work hours.

A local provider likes what the state's been doing to help facilities and families but hopes for more action. Health and Human Services leaders will appear at a child care facility in Fargo to discuss a pilot initiative, giving operators financial incentives to increase capacity for childcare slots outside the hours of 7:30 a.m to 5:30 p.m.

Kathy Busche, owner of Kathy's Kids Daycare in Hazen, said she will need to see more details but would have interest in signing up. She explained it has been a big need in her area.

"We're right in the middle of coal country and so, a lot of our plant workers are working 12-hour shifts, starting at 6:30 in the morning," Busche observed. "We have hospital workers that are working 12-hour shifts."

The announcement is part of a series of investments the state adopted last year to ease the childcare burden felt across North Dakota. Busche noted she especially likes the inclusion grant to provide day care for kids with special needs. She feels the state could go further in offering incentives to retain staff.

The state has been providing a stipend, which maxes out at $3,600, to help stabilize the child care workforce. Busche emphasized her workers have already used up their portions.

"Now, there's really no incentives left to keep staff," Busche contended. "Without staff, we can't have more kids."

Busche feels the state should not write a "blank check" to address problems and wants policymakers to keep evaluating what is working. She hopes staff retention is among the topics state lawmakers revisit when they return to session early next year.

By Ashli Blow for Tennessee Lookout.
Broadcast version by Danielle Smith for Tennessee News Service reporting for the Solutions Journalism Network-Public News Service Collaboration

Rebecca Maino would set aside $20 each month for her house repairs. Her aging home in Memphis had a leaky sink, an outdated air conditioner, and holes in the walls.

It just wasn’t enough to cover the costs. On her limited budget, she couldn’t manage to save more money while paying her family’s bills.

“When [contractors] come in and the scope of work that they tell you is thousands of dollars, people that are on fixed incomes that have worked their whole life to pay their home off, they simply cannot afford that,” said Maino. 

Over the years, the inconvenience evolved into a safety concern. With the increasing frequency of extreme weather — like last week’s deadly, subfreezing temperatures — her energy-inefficient home was becoming a health risk. Maino turned to Memphis Gas Light and Water (MLGW) and their weatherization program that could help with improvements. 

As storms intensify, environmental coalitions are backing these assistance programs as a viable climate solution in southern cities like Memphis. Weatherization gives residents the resources they need to protect themselves while reducing energy use from sources that emit climate-altering pollution. It also reduces energy during peak power demands that Tennessee now experiences as people try to stay warm in winter weather.

Weatherization programs have a longstanding presence across the nation. It’s a strong policy framework that MLGW has adapted into a program that is uniquely its own, some of which comes down to Memphis grit: the people behind the program who are dedicated to working hard for their community. 

“I take my job personally, because I came from a challenging upbringing right here in Memphis. I know what it’s like to be cold in the wintertime, hot in the summertime, and not having a lot of necessary needs to be met,” said David Wright, the technician who was assigned to Maino’s case. 

“We can’t rebuild a house all over again,” he said. “We try to make the [recommendations] the best that we possibly can give to a customer and to meet the needs they have.” 

When Wright showed up at Maino’s doorstep, that’s exactly what he did. He walked Maino through the issues while writing a work order that prescribed her a new air conditioner and heater, pipe repairs, and wall patchups. That order also identified the contractors responsible for installing appliances and making the necessary fixes. 

Maino never received an invoice, because the ratepayers had it covered. 

$8.3M in ratepayer donations funds weatherization projects 

In 2016, a MLGW customer-led advisory board told the utility it wasn’t doing enough with Share The Pennies—a small program that rounded up utility bills to the next whole dollar for weatherization services. For three years, customers were given the option to donate their extra change, but many weren’t checking the box. 

The board worked with Memphis City Councilmember Patrice Robinson to propose a resolution that would make Share The Pennies an opt-out program, asking customers to remove themselves if they didn’t want to participate. The city council passed it. 

Margie Borrum-Smith took the calls from unhappy customers. 

“People would say, ‘I don’t want anybody telling me what to do with my money,’ but when they hear about what’s going on, they want to participate,” said Borrum-Smith, who is now the manager of MLGW’s energy services and oversees the Share The Pennies program. 

Customers contributing to the program give about $12 each year, resulting in a collective revenue of $8.3 million. It has funded the weatherization of 935 homes. 

But, managing the program budget is not just about the quantity of work, it’s about the quality of the work, said Borrum-Smith. 

MLGW technicians oversee home projects from beginning to end. To perform services, they are required to hold certification as a home energy rater, an accreditation recognized by the U.S. Department of Energy. 

Trained to conduct ethical inspections and uphold industry standards, they offer cost-saving recommendations and investments in sustainable appliances such as heat pumps—an energy-efficient technology capable of both heating and cooling homes.

During installations, technicians collaborate with a roster of 41 local contractors, with many being small businesses owned by people of color and women. Together, they adhere to a set of standards and code enforcements.

“In the end, the technician has to sign off and the customer has to sign off,” said Borrum-Smith. “It’s the technician that should be asking, ‘are you satisfied?’ Because we shouldn’t let anything pass that should not be like we want it in our home.” 

The demand for weatherization services exceeds what Borrum-Smith’s team can currently meet. In addition to better living conditions, people want more affordable monthly utility bills. 

Memphis has one of the highest energy burdens nationally, where families or individuals allocate a significant portion of their income to utility bills. Thirteen percent of households face energy burdens, nearly 10% higher than the national average, as reported by the American Council for an Energy-Efficient Economy. 

MLGW’s next enrollment period opens on Tuesday. The utility partners with the Metropolitan Interfaith Association to manage the hundreds of people who ask for weatherization services. In past years, they’ve received so many applications, they closed the portal in just a day. 

Borrum-Smith hopes that the program can eventually offer a second enrollment period each year, but this expansion would require more funding. Despite that MLGW receives federal and state funding for weatherization programs, as well as contributions from ratepayers, meeting the pace and scale of demands will require more funding. 

Energy efficiency as a solution in motion 

Weatherization is among America’s oldest resiliency policies. 

In response to the 1973 oil crisis that brought about soaring energy costs, the U.S. The Department of Energy created its weatherization assistance program. Now, nearly half a century later, the Biden administration is using similar approaches as a tool to meet climate targets with unprecedented funding packages for clean energy. 

“Weatherization is key from a climate resilience standpoint,” said Will Bryan, policy director with the Southern Energy Efficiency Alliance. 

“There are two dimensions to this,” he said. “There’s certainly reducing greenhouse gas emissions, which is vital and which weatherization does. The other benefit improves the kind of resilience of a household in the face of climate impacts.”

The impacts of climate change, such as hotter summers and more intense winter storms, pose dual threats to both safety and the operational integrity of energy grids. Tennessee Valley Authority, the energy provider for MLGW, has been grappling with these challenges. 

In recent years, the utilities have implemented rolling blackouts due to high electrical demand that strains its energy grid. Just last week, they jointly issued energy conservation alerts, urging customers to voluntarily reduce their energy usage when temperatures dropped to single digits.

While cohesive emergency plans and the adoption of clean energy sources are imperative for a holistic climate response across Tennessee, these solutions are years away. But weatherization already has a strong policy groundwork. 

That’s why Bryan and his colleagues at SEEA are actively aiding state energy offices now on home energy programs, offering guidance on effective strategies for administering and allocating federal funding. He anticipates that millions of dollars could come through Tennessee because of initiatives such as the Inflation Reduction Act and the Bipartisan Infrastructure Law. These funding packages offer rebates and other funding streams that can be used to directly lower the cost of energy improvements. 

Already, Memphis city planners funneled $500,000 awarded from the American Rescue Plan Act into the Share The Pennies program last year. 

As program managers and energy consultants try to expand their financial resources for weatherization programs, they are grateful to customers like those at MLGW who are helping their neighbors. This accessible and dependable revenue source is something even Share the Pennies participants, like Maino herself, can contribute to. With her monthly utility costs now $30 lower, Maino rounds up her bill, passing on the assistance to others. 

“Everybody wants to be Bill Gates. Everybody wants to be Warren Buffet, but the reality is when you’re a single mother, like I am, I don’t have the liberty to sit here and write a $10,000 or $10 million check,” said Maino. “But rounding up to the nearest dollar, that’s not going to affect anyone’s bottom line.”


Ashli Blow wrote this article for Tennessee Lookout.


get more stories like this via email