Halloween is the one day that superheroes can walk around in costume without drawing extra attention. Some heroes have even participated in Halloween activities dressed as their alter-ego, my favorite of which is Peter Parker “dressing up” as Spiderman and going to a school carnival only to have the jocks call him “puny Parker” and say that he’s too small to be a crime fighter.

It appears, however, that in many states wearing a mask, not just on Halloween, represents a misdemeanor or class 6 felony in certain situations. These laws are broken up into two distinct types: one carries a blanket restriction on wearing costumes that fully or partially obstruct your face while in public and the other prohibits a face-obstructing costume in public while engaged in certain activities. For the most part these laws are also limited in their application to individuals over the age of 16, more than likely to account for trick-or-treating. This means tht some heroes (like the Teen Titans) would not have to concern themselves with these laws as they are young enough to be allowed to trick-or-treat and therefore allowed to wear costumes of any type whenever they wish.

For the first class of laws, which have the blanket restriction against masks, there’s really no way around them, superheroes that wear masks are simply in violation of these provisions. Hooded crime fighters should stay out of North Carolina, Virginia and West Virginia and be wary of New York¹. The anti-mask law in New York is unique in that it requires people wearing masks to congregate (which has been interpreted to mean a group of 3+) before they are in violation of the statute. With seemingly half of the Marvel Comics Universe residing in and around New York this legislation could pose a problem for any team of 3 or more superheroes or any heroes that band together for a particular mission or enemy.

For the laws that attach to certain activities, however, only a certain number of hereos would automatically be violators. One general restriction on mask wearing is the use of a mask to conceal one’s identity during the commission of a public offense or to avoid detection following such a commission². While most heroes do not regularly commit public offenses these laws could be used to increase the penalties for heroes that are branded vigilantes and hunted by the police.

Another restriction is the use of a mask “[w]ith the intent to intimidate, threaten, abuse, or harass any other person.”³ Many superheroes develop their costumes and personas for this very reason, to use the fear that criminals inflict on their victims against them. This is a theme that is mirrored throughout the Batman comics and movies. Bruce Wayne chooses a bat both because it is terrifying to others and to himself; he seeks to strike fear into the hearts of criminals.

References

1 - North Carolina Code sections 14-12.7 and 14-12.8, Virginia Code 18.2-422, West Virginia Code 61-6-22, New York Penal Law 240.35 (4).

2 - California Penal Code Section 182-185.

3 - D.C. Code § 22-3312.03.

“No one is above the law…and now this principle will be the driving force of my presidency.” - Lex Luther

On Tuesday, September 29, 2009, DC Universe released “Superman/Batman: Public Enemies,” a title that immediately got my attention. Overall I recommend the movie to anyone who is a fan of cartoons of either character, especially if you like the Justice League Unlimited series. The basic premise is that Lex Luther is elected President of the United States and he reaches out to his former adversaries, the superheroes of the world, to unite under his authority for the good of our country. Superman and Batman refuse his invitation and continue to fight crime on their own. Meanwhile, in space, a giant meteor made of kryptonite approaches the planet and threatens to kill most of the population.
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Many of the laws of our society are drafted with our mortality in mind, some are even written because we’re mortal. The interplay between death and the law has been studied by scholars and philosophers for centuries, gaining increasing attention with advances in medical science. The certainty of death is one constant not present in the lives of many superheroes. Was Dostoyevsky right, can there be no virtue without immortality, or do these invincible beings create an unnecessary complication in our lives and laws?
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“There’s been a mix up in the lab!” “The experiment can’t be stopped!” “Who’s that on the test field?!” “Are we missing a spider?” “Watch out for that kid!” So many superheroes start their crime fighting careers as accident prone individuals who fall victim to an industrial waste spill or a top-secret experiment gone awry. These accidents could lead to more than just superhuman abilities as toxic torts could mean big bucks for our heroes.
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“Each of you bring something different to the table: strength, speed, stealth,whatever, but we’re all equal in at least one way, each of us is willing to make the sacrifices a hero needs to make, even the ultimate one . . . We can be proactive, we can do some real good in the world, but we’re gonna have to be organized. J’onn¹ will be up here keeping an eye on everything, he’ll be the one deciding who goes where and when. I know a lot of you are used to making those decisions by yourself [sic], but from now on we have to be more coordinated than that. We can’t be cowboys anymore…or cowgirls.” - Superman’s address to the Justice League
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