What's the big deal?
While these bills do include "medical device" in their definitions of "mask," there are several issues with the "prescribed by a physician" sub-requirement. There are also several questions about enforcement, confrontation, precedent.
This list is by no means a full collection of questions and concerns with mask bans. See
- How is this enforced and who is responsible for enforcing it?
- In a confrontation, are enforcers adequately trained and capable of communicating with people whose first language is not English?
- How does one prove that their physician has prescribed a medical device?
- How does one prove their prescription is valid and authentic?
- Who is expected to pay for the medical appointment for a person suddenly in need of a prescription for a mask?
- For good reason, we don't require prescriptions for medical devices like wheelchairs, canes, crutches, walkers, etc.
- How is a mask-wearer or enforcer supposed to know ahead of time if there is permission to wear a mask on a property?
- How does an enforcer determine the mask-wearer has "intent to conceal [their] identity"?
- How does a mask-wearer prove they do not have "intent to conceal [their] identity"?
Some others' published works on mask bans
Mask Bans Insult Disabled People, Endanger Our Health, and Threaten Our Ability to Protest
"There are days when I am shocked that I am still alive. Like millions of disabled, chronically ill, and older people, I spend an extraordinary amount of effort just existing. Beyond the efforts to keep our bodies from falling apart, we face existential threats from a society that actively silences, diminishes, excludes, and eliminates us."
archived 27 Jan 2026 03:17:38 UTC
Mask Bans are a Heavy Burden for People with Disabilities
"The bans would pose an immediate risk to people with disabilities who need to wear masks to protect themselves—from airborne illnesses like COVID-19, for example."
archived 27 Jan 2026 03:21:02 UTC
Jews For Racial & Economic Justice Condemns Proposed Mask Ban in NY State
"As a Jewish organization committed to disability justice, civil liberties and the right to protest, we are appalled by the New York State mask ban proposed today."
archived 27 Jan 2026 03:36:49 UTC
Masks Are a Symbol of Solidarity. Don't Let Democrats Take Them Away.
"Mask bans are ostensibly about public safety. The result would be disastrous for public health—but it goes beyond that, too."
archived 27 Jan 2026 03:47:09 UTC
Indiana Senate Bill 73: Masks at public assemblies
TL;DR:
- Bill details page: SB 73
- Authored by: Senator Gary Byrne, Republican, District 47
- First read: December 8th, 2025
- Committee: Senate Corrections and Criminal Law
What SB 73 does (highlights)
Adds definition of "mask":
"Mask" means a covering that obscures or is worn over a person's nose or mouth. However, the term does not include the following:
- A holiday costume, if worn to celebrate the holiday.
- A theater costume worn by a person participating in a theater production.
- A covering worn for religious purposes.
- A covering worn for the purposes of occupational safety.
- A medical device, if:
- prescribed by a physician; or
- worn in a health care facility.
- A helmet or similar protective device, if worn by a person operating or riding on a motorcycle, bicycle, scooter, roller skates, or similar device.
- Athletic equipment, if worn by a person participating in an athletic contest.
- Equipment worn by an emergency medical services provider (as defined by IC 16-41-10-1) while acting within the scope of the provider's professional responsibilities.
- Equipment or a face covering worn by a law enforcement officer acting within the scope of the officer's employment.
Adds definition of "public assembly":
"Public assembly" means a gathering:
- of at least ten (10) persons; and
- that occurs in a public place or in a place to which the general public is invited or permitted to enter.
Adds a new section:
Section 6.
a. A person who, with the intent to conceal the person's identity, wears a mask while present at a public assembly commits unlawful masking, a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.
b. It is a defense to a prosecution under this section that the:
- public assembly takes place on private property;
- public assembly is held with the permission of the owner, manager, or other person having lawful control of, or a contractual interest in, the property; and
- owner, manager, or other person having lawful control of, or a contractual interest in, the property has granted permission to participants in the public assembly to wear masks.
Indiana House Bill 1233: Masking offenses
TL;DR:
- Bill details page: HB 1233
- Authored by: Representative Tim Yocum, Republican, District 42
- Co-authored by: Representative Craig Haggard, Republican, District 57
- First read: January 5th, 2026
- Committee: House Courts and Criminal Code
What HB 1233 does (highlights)
Adds definition of "mask":
"Mask" means a covering that obscures or is worn over a person's nose or mouth. However, the term does not include the following:
- A holiday costume, if worn to celebrate the holiday.
- A theater costume worn by a person participating in a theater production.
- A covering worn for religious purposes.
- A covering worn for the purposes of occupational safety.
- A medical device, if prescribed by a physician.
- A helmet or similar protective device, if worn by a person operating or riding on a motorcycle, bicycle, scooter, roller skates, or similar device.
- Athletic equipment, if worn by a person participating in an athletic contest.
- Equipment worn by an emergency medical services provider (as defined by IC 16-41-10-1) while acting within the scope of the provider's professional responsibilities.
Adds definition of "public assembly":
"Public assembly" means a gathering:
- of at least ten (10) persons; and
- that occurs in a public place or in a place to which the general public is invited or permitted to enter.
Adds a new section:
Sec. 6. A person who knowingly or intentionally wears a mask while present at a public assembly commits unlawful masking, a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.