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Photo by Jessica McGowan/Getty Images The new year brought a new legislature in Oklahoma, and it’s wasting no time destroying what’s left of civil liberties in the deep-red state. First up: A draconian bill that would forbid Oklahomans from wearing hoodies in public. According to the bill’s sponsor, Republican State Sen. Don Barrington, the purpose of the proposed ban is “to make businesses and public places safer by ensuring that people cannot conceal their identities for the purposes of crime or harassment.” But Oklahoma already has a law barring anybody from wearing a hood or mask during the commission of a criminal offense, passed decades ago to help police crack down on the Ku Klux Klan. Barrington’s bill would amend this law to criminalize the wearing of a hood in public at all times, even when there’s nothing criminal afoot. Barrington does allow for some exceptions. Under his bill, it’s perfectly legal to wear hoods on Halloween, en route to a “masquerade party,” during an “exhibition of an educational, religious or historical character,” for religious purposes, during inclement weather, or during “exhibitions of minstrel troupes, circuses, sporting groups, mascots or other amusements or dramatic shows.”

These extensive exceptions raise a huge constitutional red flag. Wearing hoodies—like burning a flag—can function as “symbolic speech,” or physical acts that also convey expression.
kevlar hoodies nzThe Supreme Court has held that where a state seeks to restrict symbolic speech, it must demonstrate that “the governmental interest is unrelated to the suppression of free expression.”
ssur hoodie size chartHere, Barrington’s professed crime-fighting rationale is undercut by those endless exceptions, strongly implying that his bill might be targeting hoodies for a very different reason, one pertaining to their potentially expressive character.
sweet sktbs hoodies Trayvon Martin’s murder, millions protested by donning hoodies at political rallies, and the apparel has since become ubiquitous at demonstrations against police brutality toward unarmed black men.
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Barrington’s bill is clearly aiming to hinder the power of such protests by outlawing one of their most powerful symbolic tools: a single piece of clothing.
gaggle hoodiesIn case this fact wasn’t already plain enough, Barrington has exempted “educational, religious or historical” protests from his ban—but not political protests.
where to buy sons of anarchy clothing in edmonton Ultimately, then, Barrington’s bill is just another attempt to censor disfavored expression under some laughable pretext of protecting public safety. Because Republicans hold a supermajority in the Oklahoma legislature, Barrington’s bill may pass—but it’ll likely be struck down by the courts, and can only serve to further galvanize those demonstrators who have already donned hoodies at Oklahoma rallies. When legislators like Barrington try to take away protestors’ means of expression, they rarely accomplish their goal.

Instead, they simply prove that the protestors are doing something right.OKLAHOMA CITY - An Oklahoma lawmaker has proposed a law that could make it illegal to wear a hood in public. Sunday, a number of members and church pastors at The Christ Experience celebrated their freedom by putting their hoods up during services. The original bill states that it's illegal for anyone to wear a mask, hood or covering while committing a crime. Now, a proposal for an amendment to that law, could make it illegal to hide your identity in public. The fine for your fashion crime? Pastor Semaj Vanzant agrees that some criminals do wear "hoodies," but says they're not the only ones. "Criminals use hoodies, you know it's easy, but my wife uses hoodies because it's easy to put on her head when it's raining outside," Vanzant said. The pastor believes this law came into play, "so that black people or brown people can be discriminated against when they wear hoodies." If the law is passed, Vanzant says the floodgates will open up.

"They will start profiling in all types of ways for all different people," Vanzant said. He warns that the storm coming will have all Oklahomans searching for something to cover their head. "I'm pretty sure that there are more people than those that are gathered here at this church, more people than ones that look like me, that do not want this law or this proposal put into action. Whatever way we can voice our voice and make our statements, we will do so in an effort to make sure this type of law or proposal does not end up in the books of Oklahoma State," Vanzant said. MORE: Wearing your hoodie in public could soon cost you up to a $500 fineOklahoma lawmakers are planning to introduce a bill this February that would make it illegal to wear hooded sweatshirts, or “hoodies,” in public, according to a report from Oklahoma’s Channel 6 News.Republican Senator Don Barrington will introduce the bill, which would make it a misdemeanor to “wear a mask, hood, or covering” either while committing a crime or in order to intentionally conceal one’s identity.

If the bill is passed, offenders would be subject to a fine of $50 to $500, and up to one year in jail. The ban would not affect mask-wearers on Halloween or at masquerade parties, nor would it apply to people who wear head coverings for religious purposes.The bill’s purpose is seemingly to deter crime. As Channel 6’s report notes, robberies caught on surveillance camera often show the perpetrator wearing a mask or hoodie to cover his or her face. With the bill’s language only prohibiting wearing hoodies while committing a crime or to intentionally hide, supporters say the ban wouldn’t negatively affect people just trying to wear a sweatshirt in day-to-day life.Others, however, have argued that bans on hoodies — no matter the intention — only serve to exacerbate problems with racial profiling. CNN legal analyst Sunny Hostin took on the issue when an Indiana mall banned the garment in March:“This is about the pretext of being able to stop young African-American males,” she said. “

Hoodie is code for ‘thug’ in many places and I think businesses shouldn’t be in the business of telling people what to wear. The Fourteenth Amendment protects us from this.”Hostin argued that hoodie bans are similar to previous bans on sagging pants, in that both target clothing items or styles worn predominantly by black men. Because of that, Hostin said, the bans give businesses and police officers an excuse to racially profile.“When do we get to a place in our society where we stop doing this kind of thing?” she continued. “Where we stop targeting young black men so there is a pretext for being allowed to escort them out of a mall simply because of what they’re wearing?”Similar laws banning hoodies and other face-coverings are already on the books in 10 states around the country, according to a report in Time Magazine. Several businesses in New York City have taken it upon themselves to prohibit hoodie-wearing in their stores.More on both sides of the argument can be found in the video below: