Recently, I decided to speak out about a troubling incident where a man was wrongfully charged with a felony simply for wearing a mask. This unjust charge only came to light because the video of the arrest went viral, ultimately leading to the charge being dropped. This experience illuminated the significant gaps and inconsistencies in Virginia’s current mask law.

Virginia’s current mask law is unclear and inconsistently interpreted. While the law includes exceptions for health, safety, and legitimate use, the wording is vague enough that innocent people — especially working individuals and people protecting their health — are being questioned, stopped, or treated as suspicious simply for covering their faces.

 

Many people wear face coverings because:

 • Their job requires it (construction, cold-weather work, medical transport, delivery, industrial work)

 • They have medical or immune conditions

 • They are protecting themselves from cold, wind, pollution, or other weather conditions

 

No one should fear harassment, unnecessary police interaction, or suspicion for protecting their health or doing their job.

 

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What We Are Asking For

 

We respectfully call on the Virginia General Assembly and the Governor to take the following actions:

 

1. Clarify the Mask Law

 

Revise the statute to clearly and explicitly protect lawful face coverings used for:

 • Work and employment

 • Medical and disability-related needs

 • Weather and environmental protection

 

The law should state plainly that these uses are legal and protected.

 

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2. Establish Clear Standards for Policing and Enforcement

 

Create statewide enforcement guidance that includes:

 • No stops or detentions based solely on wearing a face covering

 • No questioning without reasonable, articulable suspicion of a specific crime

 • Use of education or verbal clarification when no crime is occurring

 • Warnings only when legally appropriate

 • Prohibition of harassment, intimidation, or profiling based on appearance, clothing, or neighborhood

 

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3. Align Enforcement With Constitutional Law (Terry v. Ohio)

 

Under the U.S. Supreme Court decision in Terry v. Ohio (1968), police may only stop and question a person when they have reasonable, articulable suspicion that the person is involved in criminal activity.

 

Wearing a face covering for work, health, or weather does not meet this standard.

 

Virginia’s law and enforcement practices must reflect this constitutional requirement so that:

 • Law-abiding citizens are not treated as suspects

 • Officers are protected by clear legal boundaries

 • Civil rights are respected

 • Public trust is preserved

Samira Brooks, Virginia Resident & Norfolk Worker