SWAT Team Concealing Identity
<p>What gives SWAT team members legal cover to conceal their identities by wearing balaclavas or similar?</p>

<p>This <a href="http://www.anapsid.org/cnd/mcs/maskcodes.html" rel="nofollow">web site</a> has collected up a number of state anti-mask laws. It is useful to know that the purpose of the tactical balaclava is face protection. The anti-mask law of California prohibits mask for escaping identification in the commission of a public offense; Florida likewise limits it to criminal-like conduct and some sketchy "equal protection" situations (presumably anti-Klan legislation). Georgia generally prohibits masks but takes the tack of listing exceptions, including "traditional holiday costumes" and "for safety reasons". In Louisiana it is prohibited to wear a mask to conceal identity, but there are enumerated exceptions, including Halloween and Mardi Gras (no surprise), or for religious reasons; we can assume that if Lousiana SWAT teams wear tactical balaclavas, the legal basis is face-protection.</p>

<p>It would appear that in Minnesota, SWAT team members cannot wear a mask until winter:</p>

<blockquote>
  <p>A person whose identity is concealed by the person in a public place
  by means of a robe, mask, or other disguise, unless based on religious
  beliefs, or incidental to amusement, entertainment, protection from
  weather, or medical treatment, is guilty of a misdemeanor</p>
</blockquote>

<p>In New York, the anti-mask law seems to be subsumed under <a href="http://codes.findlaw.com/ny/penal-law/pen-sect-240-35.html" rel="nofollow">loitering</a>, which includes</p>

<blockquote>
  <p>Being masked or in any manner disguised by unusual or unnatural attire
  or facial alteration, loiters, remains or congregates in a public
  place with other persons so masked or disguised, or knowingly permits
  or aids persons so masked or disguised to congregate in a public
  place;  except that such conduct is not unlawful when it occurs in
  connection with a masquerade party or like entertainment if, when such
  entertainment is held in a city which has promulgated regulations in
  connection with such affairs, permission is first obtained from the
  police or other appropriate authorities;</p>
</blockquote>

<p>which could be narrowly construed to outlaw wearing of balaclavas by SWAT teams (they are masked, they congregate and remain in public with others masked men, it is not in connection with entertainment.</p>

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