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 Full face helmets illegal in Louisiana
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scottrnelson
Advanced Member
6890 Posts
[Mentor]


Pleasanton, CA
USA

KTM

990 Adv, XR650L

Posted - 04/21/2017 :  10:28 AM                       Like
http://www.nola.com/traffic/index.s...pt_mask.html

Apparently Louisiana has a law banning masks and a LEO there decided that motorcycle helmets that cover your face are covered by that law. He's been pulling over motorcyclists and writing them tickets for it.

Their legislature is working to amend the law to fix it.

rkfire
Advanced Member
1695 Posts


Stratford, CT
USA

Suzuki

Bandit

Posted - 04/23/2017 :  6:38 AM   Join poster on Facebook as Friend  
I'm not sure the law has to be amended. It bans masks and hoods in public. I don't see how a helmet or visor would be construed as that.

On the other hand, around here, I see a lot of bikers with no helmet or shorty helmets, and wear masks. Sometimes kerchiefs. Many of the masks look more like Halloween masks to me, but are made for bikers.

I'm curious as to whether the cop is citing actual helmet use, or whether it's these masks.
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wbrownell9
Male Junior Member
60 Posts


New Castle, DE
USA

BMW

R1200RT

Posted - 04/23/2017 :  7:03 PM
The law says:

No person shall use or wear in any public place of any character whatsoever, or in any open place in view thereof, a hood or mask, or anything in the nature of either, or any facial disguise of any kind or description, calculated to conceal or hide the identity of the person or to prevent his being readily recognized. (Emphasis mine)

So it appears to me (IANAL) that arresting people with motorcycle helmets is not justified by the law as written because the intent is not to hide the rider's identity. Walking in a rainstorm wearing a hooded rain jacket seems equally close to violating the law, and a Muslim woman wearing a burqa or niqaab certainly does, but has anyone been arrested for either?

One wonders what the legitimate state interest is in having such a law. Would this law would even survive a serious challenge? I don't think "deterring crime" would stand up in court - if someone is going to commit a crime, the possibility of getting an additional charge of wearing a mask is the least of their concerns. It seems ripe with the opportunity for selective enforcement against targeted groups.
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gymnast
Moderator
4267 Posts
[Mentor]


Meridian, Idaho
USA

Harley-Davidson

Sportster Sport

Posted - 04/23/2017 :  9:30 PM
Perhaps this may have something to do with Louisiana's law. As well as the KKK's use of masks (hoods)

https://www.bing.com/videos/search?...ck&FORM=VDRE

and,

https://www.bing.com/images/search?...ds&FORM=IGRE
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