Proposed Oklahoma Law Could Make It Illegal To Wear A Hoodie

A state senator in Oklahoma is planning to introduce a law that could have the effect of making it illegal to wear a hoodie in the Sooner State.

Oklahoma already has a law on the books that makes it a misdemeanor to wear “a hood, mask or covering” while committing a crime. According to KFOR-TV in Oklahoma City, it was drafted back in the 1920s to fight the Ku Klux Klan. However, Don Barrington, a Republican representing part of Lawton, wants to amend that law to also make it illegal for anyone to “intentionally conceal his or her identity” in public by wearing “a robe, mask, or other disguise.” Exceptions would be made for those taking part in religious ceremonies, sporting events, outdoor performances, and Halloween parties. It would also be legal to wear a hood or mask in bad weather.

A man walking down a street in a hoodie (from Neil Moralee's Flickr)
A man walking down a street in a hoodie (from Neil Moralee’s Flickr)

Barrington said that he drafted the law in response to several complaints from business owners across the state, who wanted to ensure that “people cannot conceal their identities for the purpose of crime or harassment.” KWTV in Oklahoma City obtained surveillance footage of several robberies–in which all of the perpetrators were wearing hoodies or masks. Shelly Cruze, the manager of a liquor store in Oklahoma City, said that after one robbery by someone wearing a hoodie, she joined numerous businesses around the country that have banned the wearing of hoodies on their premises. As she sees it, it’s just “human contact.”

As well-intentioned as this law may be, it goes way too far. For one thing, the wording of this law is extremely vague, and gives far too much latitude to police to stop people who aren’t doing anything illegal. It would be an open invitation for police to engage in racial profiling. As CNN’s Sunny Hostin points out, “hoodie is code for ‘thug’ in many places.” Oklahoma City lawyer James Siderias also thinks this law could open up a can of worms. He points out that we have the right to choose how we want to dress as long as we don’t violate “public decency and moral values.” He thinks that Barrington’s bill could be “very problematic” if it ever becomes law.

This amendment is also completely unnecessary. It’s already illegal to wear a hood or mask while committing a crime in Oklahoma. Why even have this additional provision in the law in the first place? I can’t help but think that this law is a solution looking for a problem.

I’m a 6-2, 225-pound black man. I have a Carolina hoodie that I wear frequently during the winter, particularly on my trips for games. By this law’s logic, I could potentially be pulled over on I-85 or I-40 for “driving while black,” or I could be stopped and questioned on the street for no reason at all. Wearing a hoodie shouldn’t be an excuse for someone to shoot you. It shouldn’t be a reason in and of itself to be arrested either.

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Darrell Lucus.jpg Darrell Lucus, also known as Christian Dem in NC on Daily Kos, is a radical-lefty Jesus-lover who has been blogging for change for a decade. Follow him on Twitter @DarrellLucus or connect with him on Facebook.

Darrell is a 30-something graduate of the University of North Carolina who considers himself a journalist of the old school. An attempt to turn him into a member of the religious right in college only succeeded in turning him into the religious right's worst nightmare--a charismatic Christian who is an unapologetic liberal. His desire to stand up for those who have been scared into silence only increased when he survived an abusive three-year marriage. You may know him on Daily Kos as Christian Dem in NC. Follow him on Twitter @DarrellLucus or connect with him on Facebook. Click here to buy Darrell a Mello Yello.