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Idaho Legislature — VOTE NO on H0489 - Mask, disguise prohibited (Updated: 01/21/26 🆕)

Summary (ai assisted)

House Bill 489 makes it illegal for anyone to wear a mask, hood, or similar item that hides their face while committing or attempting to commit any crime.

  • Additional penalty on top of the punishment for the original crime could include a fine of up to $2,500, an extra year in jail, or both.

  • No fiscal impact.

  • No contradictions identified with US Constitution or Idaho Constitution.

Reason for Recommendation

The penalty for the crime should be the crime itself, not what we wear while committing that crime. This additional penalty is inconsistent with logic and common sense. Back in the bad old days of COVID, we were REQUIRED to wear masks. Now we’re PENALIZED for wearing them, but only if committing a crime. (Idaho also prohibits being forced to wear masks.)

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01/20/26 update 🆕

H0489 co-sponsor Rep. Bruce Skaug was kind enough to engage in a respectful dialog with us regarding our objections to H0489. While we still recommend a NO vote prior to public bill hearings, we wanted to share his comments.

He graciously gave us permission to share them. They appear unchanged below except for omitting our identifying information and removing Rep. Skaug’s email address (available on Legislature website at legislature.idaho.gov/h…).

Oldest comments appear first.

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Rep. Skaug Sent: Monday, January 19th, 2026 at 7:37 AM, Representative Bruce Skaug wrote:

Thank you for writing.

Please listen in on the public bill hearing in House Judiciary and Rules Committee. The hearing date has yet to be set, but likely later this week or next. 

I support this bill, as a former prosecting attorney, who saw how criminals use masks to intimidate their victims and to evade capture in their crimes.  Robbery, rape, riot, etc.

Best regards,

Bruce

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Our Reply: Monday, January 19, 2026 7:57 AM

We appreciate your point of view and you make good points. Thank you. 

We still believe punishment should fit the crime, regardless of what people are wearing and we should be consistent about our approach to masking.

Example: Leftists want to prevent ICE agents from wearing masks and face coverings, believing they intimidate their "victims" while protecting their identity.

It's a tricky issue, for sure!

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Rep. Skaug Sent: Monday, January 19th, 2026 at 8:45 AM, Representative Bruce Skaug wrote:

Thanks …,

I see it as someone using burglary tools in a burglary, they can get a tougher sentence. Or, someone who uses a firearm in a robbery.

The bill does not require the judge give additional penalty, but allows it to fit the circumstances. Think ANTIFA rioters, also.

Best,

Bruce

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Our Reply: Monday, January 19, 2026 8:59 AM

And thanks back to you, Rep. Skaug. Really appreciate your taking time to reply. Not many would do that!

May we add your quotes to a Substack Note that was similar to the email we sent earlier? We want to be fair and balanced and include your rationale! We can send you a link after we've finished to ensure we didn't misrepresent anything you wrote. 

Thank you again!

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Rep. Skaug Sent: Tuesday, January 20th, 2026 at 9:57 AM, Representative Bruce Skaug wrote:

Thank you for asking permission. Yes, on sharing any of my comments in the email on this subject.

Best,

Bruce

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